The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1865-10-05

existence OF grave uouDtS anu ulNerSlIleS
of opinion as to the constitutionality of
the annexation of the counties of Berke-
ley and Jefferson to West Virginia, and,
consequently, the validity of all public
and official proceedings, as respects the
security of titles, and the numberless
rights and responsibilities of public
functionaries and others, has affected no
little the restoration of these counties to
their former harmonious business rela-
tons and general prosperity. They
have thus a special interest in the speedy
adjudication of the question by the APP
propriate tribunal, or its reference back
to the popular vote.
Considerations, too. relating to the
constitution and fundamental laws OF
the new State, as they affect their pres
ent as we'll az permanent interests, no
less demand, that the subject shall be
discussed in no partisan spirit, and UNI
der the influence of no personal interests.
Not proposing, in this place, to refer,
except thus generally, to the extraordi-
nary circumstances under which the
legislation was initiated, by the agency
of which the annexation was effected
in profound ignorance, on the part OF
the almost entire body of the people,
that such legislation was proposed, l
undertake-imperfectly, as l am aware,
circumstances alone, at this time, will
compel me to dO-to lay my views be-
fore your readers:
The Constitution of West Virginia was
adopted by Convention of Delegates,
assembled on the Goth day of November,
1861. The boundaries of the new State
were defined, embracing forty-four coun-
ties, uot including Hardy, Pendleton,
Hampshire, Morgan, Berkely, Jefferson,
or Frederick. The Constitution, how
ever, contained provisions: LIST. That if
in the District composed of the coun-
ties of Pendleton, Hardy, Hampshire
and Morgan, 'amajority ofthe votes "cast
attheelection orelections heldas provided
in the schedule hereof should be in favor
of the adoption of the Constitution, that
these counties should become part of the
new State of West Nirginia-and Cd: eff
the same shall be SO included" and
like majority, in the election or elections
referred to, in "the District composed
of the counties of Berkeley, Jefferson
and Frederick, - should be also in favor
of its adoption, then the 4" three last
mentioned counties shall also be included
in and form part of the State of West
| Virginia.
The Constitution was submitted to the
popular vote in April or May, 1862, and
was approved. The counties of Hardy,
Hampshire, Pendleton, and Morgan,
voted in favor of its adoption and were
admitted, but no vote was taken at the
election, and no election held, as pro-
vidcd, in Berkeley, Jefferson or Frederick.
On the 18th day Of May, 1862, the
Legislature of Virginia, (Mr. Pierpont
being Governor, consented to the estab-
lishment of West Virginia excluding
Berkeley, Jefferson and Frederick-and
the new State, thus constituted, was
admitted by Congress, on the 3lst OF
December, 1862, with the condition an.
nexed, however, that the Emancipation
clause, which it proposed to be incorpo.
rated in it's Constitution should be APP
proved by its Convention and people, il
submitted by the Convention to them.
1t was SO approved, by the Convention, al
that, when Congress gave its sanction in
December, 1862, to the Constitution Of
West Virginia, containing the provision
that the " District composed Of the cou'a
ties Of Berkeley, Jefferson and Frederick
or these three counties should become
part of West Virginia, provided {
majority of the votes, cast in that Dis
trict, should be in favor of such ad
mission. No election had been held il