The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-07-01

rebel Secretary Of War, extended to our
correspondent the common oiviliies which
public man should always extend to the re-
preventative Of respectable press, JEFF.
Davis acted an entirely contrary part, and
our correspondents permanent residence in
not very agreeable mansion known as the
Montgomery jail Evidently the rebel Presi-
dent and his Secretary of War did not agree at
that time.
The Two states OF virginis and West
virgiAia.
The new State Of West Virginia, taken out of
the side Of old Virginia, has been pretty extern
sively denounced 90 an unconstitutional opera
ton that must sooner or later be set aside, mas
much as the federal constitution declares that
mo new State shall be formed or erected within
the jurisdiction Of any other State" &C., "with-
out the consent of the Legislatures Of the
States Chat is Of the Northern States and the
new STATED as we'll as Of the Congress" We
have however, an official document before VI
(the message of Governor Pierpoint to the
loyal Legislature Of the old State lately in
session at Richmond) which shows that the new
State of West Virginia 10 20 fixed TACT" and
cannot be shaken.
In April, 1861, the State Convention Of Vir-
ginia (stretching then from the Potomac to the
eastern line Of Kentucky and the Ohio river)
passed in secret its mysterious ordinance
of secession declaring Virginia no longer
State of the Union, but member Of the
Southern confederacy of JEFF Davis. The State
Governor Qetcher) and the State Legislature
then in power at Richmond joined in this move
nent. But there was a large body Of loyal
citizens, especially In the western part Of the
State who ..::s thing, and Organized
loyal provisional State government at Wheel
ing, which declared the Richmond secesh estab-
lishment a spurious affair, and everything con-
nected with it. F. H. Pierpoint was chosen the
Governor Of this Wheeling loyal State organi-
cation. He called upon the President of the
United States to assist him in suppressing "the
domestic violence" then existing in the State,
and the assistance asked was promised and
given. Thus recognized by the President as
the legitimate Governor of Old Virginia, Gov
ernor Pierpoint called loyal Legislature to-
gether at Wheeling. Hunter and Mason, the
old Virginia Senators in the United States Con-
gress having joined the rebellion, the loyal
Legislature thus called elected two new Sena-
tors to fill said vacancies. They were admitted
into the Senate and thus, by the acts Of that
body, the Wheeling Pierpoint government be-
came consttutionally the State government of
Old Virginia in her territorial integrity.
The new State of West Virginia was organ
lied in the usual way, and this new State gov
eminent was set up at Wheeling. Then Pier
points government of the old State was re-
moved to Alexandria, on the Potomac, and the
consent of both these Legislatures, as we'll as OF
Congress, having been next obtained, the new
State of West Virginia became, under the re-
quirements of the federal constitution, men,
Der of the Union, on the same footing as the
old State and all the other States. The Pier
point government of the old State, recognized
by President Lincoln, has been also recognized
by President johnson, in tho transfer of Pier
point and his Alexandria establishment to Rich
mond, as the rightful government of the State;
and thus the division of Virginia into two States
is fixed and complete-although the work Of a
mere handful Of men; but in the midst OF
huge rebellion they were her loyal citizens,
and they were enough.
The Supreme Court Judge fancy delivering
its opinion), in several decisions bearing upon
this business has affirmed that in case of an in
surrection in State the President 'must deter
mine what body of men constitute the
Legislature before he can act" in the
exercise of his authority to suppress such
insurrection. The decision Of the President in
such q case thus determines which is the legal
State government Next, the Supreme Court,
| in advance of this case, had decreed that "when
| the Senators and Representatives of State are
admitted into the councils Of the Union, the
authority of the government under which they
are appointed, as well as its republican charac-
ter, is recognized by the proper constitutional
authority, and its decision is binding on every
other department of the government, and can
not be questioned" and this settles the ques-
ton.
Thus the losses Of Old Virginia by the rebel.
lion embrace not only the thousands Of her
able-bodied young men cut of by the war, the
| widespread oestructioh Vi ner towns ahu ciseS,
mills, factories and foundries, the desolation Of
her fairest agricultural districts, and the over
throw of her institution Of slavery, but the cut
ting of into separate State Of one third of her
territory of 1861, one sixth Of her population,
and three fburths of her coal and iron mines,
salt and oil springs, &c. And yet, relieved Of
the incubus Of slavery, Old Virginia, within
ten years, raced % she Is, may be vastly
stronger in population and wealth than ever
| she has been heretofore.
| WHAT NEW YoRK Has CORRESPOND
sNcz AND REPORT IN REFERENCE TO CrY WAR
ExpENsEs.-We give In another column an