From: jsanders@phys.ksu.edu (Justin M. Sanders)
Newsgroups: alt.war.civil.usa
Subject: Re: West Virginia (was Re: You started it, ...)
Date: 13 Aug 92 17:04:19 GMT
Organization: Department of Physics, Kansas State University, Manhattan KS, USA
NNTP-Posting-Host: bohr.phys.ksu.edu


Charles Buckley writes:
>Robert Carragher writes:
>>wwarf@copper.ucs.indiana.edu (Wayne J. Warf) writes:
>>>The case of West Va., however, was clearly illegal. Article 4, section 3
>>>states "no new state shall be formed or erected within the jurisdiction 
>>>of any other state...without the consent of the legislatures concerned
>>>as well as of the Congress".
>>
>>Well, that depends on your interpretation of the legality of the
>>Unionist Virginia legislature which voted to seceed from Virginia.

>At no point did the state legislature give up their voice in the affairs
>of the state. It split into two parts with each having legitimate claims
>of being the rightful government of Virginia. The governor and a lot of the
>legislature went over to the CSA but a number of cabinet members and 
>legislators went to the union. 

>The Provisional Government of Virginia was made up of many of the original
>members of the Viginia legislature. The elections of 1862 made this
>government very pro-union and since it was recognized as the legal government
>of Virginia the vote taken was considered legal. 

>>			Bob Carragher
>Charles Buckley

Here is a history of the formation of the State of W.Va.

The Va Secession Convention passed an ordinance of secession (to be ratified
by the people) about 17 Apr 1861.  A mass meeting was held in Clarksburg
and called for a Convention of western/unionist counties to meet in Wheeling.
The 1st Wheeling Convention met 13 May 1861 with 425 delegates from 25 counties,
it decided to adjourn until after the vote on the secession ordinance.  The
ordinance of secession was ratified by popular vote on 23 May 1861 at which
time new legislators were also elected.

The 2nd Wheeling convention met 11 June 1861 and included the western counties
members-elect to the VA legis.  On 19 June, the convention passed an ordinance
"reorganizing" the state government (creating a "loyal" one), and on 20 June,
Francis Pierpont was chosen governor.  On 1 July 1861, the members of the
legislature elected on 23 May and some holdovers from the old legislature
met, finished the organization of the Reorganized state govt., and elected
2 U.S. Senators-- this government was recognized as legitimate by the U.S.

On 6 Aug, the Wheeling convention reconvened, and on 20 Aug 1861 passed an
ordinance to divide the state.  The division ordinance was ratified by the
people on 24 Oct.  From 26 Nov 1861 to 18 Feb 1862, the convention wrote a
constitution for the proposed new state which was approved by the voters on
11 Apr 1862.  Lincoln signed the enabling act on 31 Dec 1862 which admitted
W.VA on the condition that its constitution include a provision for the
gradual abolition of slavery.

The Convention reconvened yet again, and amended the state constition to
abolish slavery on 12 Feb 1863.  This amendment was approved by the voters
on 26 Mar 1863.  Lincoln proclaimed (on 20 Apr 1863) that W.Va would officially
be admitted in 60 days.  During the interval, W VA elected new officers--
A.I. Boreman was elected 1st governor, and VA unionist government under
Gov. Pierpont was moved to Alexandria.  On 20 June 1863, West Virginia was
officially admitted to the Union.

In 1866, Virginia repealed the act approving the division, and brought suit
in the U.S. Sup. Crt. to have the division overturned.  In particular, it
wanted Berkeley and Jefferson Cos. returned.  On 10 Mar 1866, Congress
passed a joint resolution approving the transfer (I don't know what was 
transferred or to whom-- my source wasn't clear).  In 1871 the Supreme
Court decided in favor of W. VA., thus settling the matter of division.

The process appears to be about as "legal" as one could get during a major
rebellion.
--
Justin M. Sanders    "Politics, like prison, seems to impart some 
Dept. of Physics        dubious skills to those who serve too  
Kansas State Univ.        many terms." -- Joseph Sobran