West Virginia

How was the constitutionality of the creation of West Virginia handled?

Surely the creation of West Virginia was handled in a way that had, and still does not have, any precedent. It seems to be a mystery how and when the state was created. At the beginning of the Civil War the western end of Virginia prefered to stay in the Union and the eastern end of Virginia preferred to join the Confederacy. Suddenly there was another state in the Union; West Virginia. There has to be a legal procedure of some kind that is valid for such a major step.

I will not comment on the constitutionality of it–but….

The United States did not recognize the secession of Virginia.

Therefore, it did not recognize the the secessionist government of Virginia, which was in Richmond.

Instead, it recognize what remained of the Virginia legislature, the Unionist legislature, under Pierpont Morgan and meeting in Alexandra Virginia.

That recognized government, even though it was a rump legislature, authorized a convention in Wheeling, Virginia (not West Virginia) to determine if the western part of Virginia wanted to become its own state.

When the convention voted for separation of the new state from Virginia, but the Unionist government of Virginia and the United States accepted that dermination as constitutional and recognized the new jurisidictation. Then West Virginia, just as another other US territory, wrote a constitution and asked for admission to the United State, and the United States accepted it. Meanwhile, even then the USA government recognized the now tiny Unionist goverment as the legstimately government of Virginia, not the secessionist government in Richmond.

That’s how it worked. As I say, I don’t know the constitutional law well enough to judge.

9/2/11 – This Week in WV – Honoring students from WV’s former all-Black Schools

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