Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1862-04-21

Before the reassembliug of the (June)
Convention, the GOveuAmeus-Uf Virginia,
''as restored and viudicated by the Couve1-
ton which met in the city of wheeling on
the llth day of June. 1861 had been
recognized at Washington, as the legal
Government of Virginia, aud the Couren-
ton which reOrganized it, as the Conyen-
ton of the State of Virginia.
This Convention reassembled on the 9th
of August, 1861, and on the goth of the
same month, passed an ordinance for the
formation and erection of a new STATE out
of a,portion of the State of Virginia, pre-
seribing the boundary, and ordered an cleo
ton to be held on the oath of the follow
ing October at which the voters within the
counties proposed to be included in the
new State should vote ON the subject of
division, and at Ihe-same time elect dell
egates to a Convention to frame Cousti-
tuition for the New State it division should
carry. Division did carry, largely; and
accordingly the Constitutional Convention,
representing the proposed new State only,
met in this city on the 2sth of November,
1861, and held its session under the pat
Eouage OF the State of Virginia. This
Convention after framing a Constitution
for the new State, adjourned on the 18th
of February, 1852; and that Constitution
was ratified on the I'd of this month by
the people of the new State, for whom it
was framed, and TO whom only it can APP
ply.
The error of the Post appears to be in
cOnfounding the .'Juae Convention which
vas convention ofthe whole State of vir-
GINA 10 legal iutentsl, with the "Cousti-
tutioual Convention" of the past winter,
which was convention of the new State,
or more strictly, of those counties designed
to compose it. The acts of the former ap-
piled to the whole State; those of the lat
ter apply only TO the new State in pros
pecs. grew out of the act of the State Con-
vention 1.-THE June Convention at its adj
jourued or August SESSION., aud were per-
formed under the patronage of the State
authorities.
ofcourse then, all this being understood,
any one eau see how absurd it is to saw
that tue act of this Constitutional Conven-
tion-,he convention of 80 or As counties
the convention of the new State thgt is
to bel, created and acting by permission OF
the old State-is the act ola convention of
the State of Virginia, and that Constitu-
tion framed by it is a Constitution framed
for the whole State. We should be glad
to see Virginia adopt Constitution so ex-
celIeut in nearly all its features as the
Constitution of the new State but we can
not distort history and law and the
present facts, as the Post does in its
view of the case, to bring it about.
This would require the calling of a Cousti-
tutiouaI Convention of the State of Virginia.
There is good reason why such body
should shortly be assembled, and we hope it
may be, in order that the present defective
Constitution may be supplauted by IA bet
ter one, one more like that framed for the
new State. But for the time, all the State
ofVirginin has to do with the Coustitu-
ton of West Virginia is to deal, Through
its Legislaturel with that partof it relating
to the boundary proposed for the new
State a.; to consent, or refuse to consent,
to the erection of tue new State with the
boundary proposed. 1t cannot even pres
cribe any change in the boundary. propos-
ed, but has to deal directly by simply con-
senting or refusing to agree to the PROPOSE
ton.
There are many side questions Of inter
est that have suggested themselves as we
have passed briefly over in review, but
their consideration here is not essential
to the purpose with which We set out.
The chief aim has been to state iu simple
and explicit terms the succession, progress
and relations of the different Conventions
that have met here within the past year;
and to show from the logic of events that
the Constitution of West Virginia is not
the Constitution of old Virginia, however
much we may wish it were, and cannot be
unless Constitutional Convention of the
State of Virginia, TO be assembled at some
future day, shall adopt it as such, Whe-
Their it is ever to be the Constitution of
any State depends upon the action of the
Virginia Legislature and Cougress-the
former conserving to the division with the
boundary PrOpozed-the latter couseutiug
to its admission into the Union with the
Constitution proposed, or either or both
refusing. -
The Legislature has been called to meet
on the 9th Of next month to act in refer
ence to the matter, and everything de-
ponds on their action in Determining
whether the application is to come before