Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1865-10-07

Of Virginia, as renrganized in June last,
shall retain within the territory of the pro-
posed State undiminishsd and uninl-
paired all the powers and authority WIN
which il has been invested, until the pro-
posed Sale shall be admitted into the
Union by The Congress Of the United
Sls,es."
When that acl Of admission was passed
and its terms were, in every respect CON.
piled with, there is no doubt (alI other
antrcedent proceedings belng regular and
(ormsI) the territory and people comPo-
sing The State Of West Virginia passed
from the control and Government Of FIr-
GINA. But what was that territory and
who were those people? By reference to
The act Of admission We find a. al, although
the counties forming The Stale OF West
Virginia are therein specifically enumers'
TED. nellher the county Of Jefferson nor
Berkeley is named, and, so far as that act
d scloses. ihey are, therefore, slll parI
Of the Stale OF Virginia. But IT is al
lodged that provision TO include them was
made in the Constitution of West Virgin
la ilsell. Lei US turn then 10 that ProVl'
SION and zee how far the political rela-
unns Of these counties have been affected
by il. The clause referred 10 provides
lhal if at lhe time al which the Constltu-
ton vas 10 be submitted TO a vote Of the
people "a majority o! The vote cast in the
dlslric, compn,ed Of The counties OF
Pendlelon. Hardy. Hampshire aud Nor.
gan, shall be in favor Of The adoption OF
This Constitution, the said four counties
sha, be included IN and form part oi the
State of West Virginia; and if The same
shall be so included. and majority OF
the votes cast 1t The said election or eIec'
uons in the district composed OF The
counties Of Berkeley, Jefferson and Fred
erick, shall he in favor Of the adoption OF
this Constitution, then the three last men
TONED cOnnues ehall also be included IN
aud form part of the Stale OF West Vlf-
yinis." Thus it will be perceived thai
the connection Of the three last named
counties with Wes! Virginia depended
upon certain well defined conditions, viz.
lsl That pendleton, Hardy. Hampshire
aud Morgan should participate in The
election and by majority OF the vote:
cast should adopt the Constitution OF
Wesr Virginia; 2d. That they (BerkeIey
Jefferson and Frederick and as district
should also take part IN The election and
by majority Of the votes cast accept the
same constitution. and 3rd. That they
should so vote on the day named for the
Submission ni the Cons sItUuon 10 the &C.
lion Of the people. Now II is nowhere
pretended that on The day named IN the
schedule, TO take he vote alluded 10, there
was any attempt whatever To open polls
in Jefferson cOunly-On The contrary the
day passed in profound silence on ,he
subieci, and in entire ignorance of the
fac, that on that day it was expected 10
pass by its own choice TO The jurisdiction
Gf another Stale.
There was then a failore TO comply
with the terms OF tie Constitution Of
West Virginia, upon acquiescencs in
which, this county "as 10 form part OF
thsl State, aud West Virginia was accor-
dinghy admitted into the Union by Con-
gIess without any reference To It what
ever. With this view of the subject, which
seems TO have prevailed in tie mind OF
the authorities of both Virginia and West
Virginia, Wa hnd III The future attempts To
secure the annexation OF lhIs county, no
allusiun has been maGe to the ConsItu-
lional provision Of West Va. And hence
the scl Of Asseu bly, OF Virginia passed
February 4Ih, 1863. Chap. 76, entitled
IAN scl giving consent 10 The admission
Of certain counties into the new Stale Of
West Virginia upon certain coGdiIlons.'
The consent proceeded upon The assump-
ton that the jurisdiction OF the State Of
Virginia was, at that dale, yet complete
over the territory described; and the acI Of
West Virginia November 1868. Chap 90,
accepling the cession of Jefferson (embra.
ced in The above scO, did so upon The
Terms Of the Virginia grant in the sfure
said act Of 1863, Chapter IS. Let US
glance for a moment a. the provisions OF
these acls. The 6rsl is the acl of The
General Assembly Of Virginia which pro.
vides that "a, tie general lection on ihe
4,h Thursday OF May. 1863, II shall be
Ia wlul for the voters OF the disIrici CON-
posed of Tszwe!l, Bland &c. to declare
BY their votes whether said counties shall
be annexed 10 and become part of the
new Sia,e Of West Virginia" and after
embracing the counties By disIrics il pro-
ceeds: "sIso at The same time, The district
composed OF the counties OF Frederick
and Jefferson or either of them TO declare
bV their votes whether the counties Of the