The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-02-07
sR1Rxx OF TEE PRzss.
Editorial Opinions OF the Lending Journals
Upon Current TopIes-OOnipiied Every
Day for the Evening Telegraph.
A NEW QUESTIONABLE THE VIRGl
MAS BE REUNITED?

A NEW QUESTIONABLE THE VIRGIL
MAS BE REUNTTED2
From the Wheeling InteHgenceT.
The following paragraph appears in the
Chicago 7ri6une:-
.rThe Richmond state Journal thinks the reunion
of VIRGINIA and West Virginia Is one OF the events
that are casting their shadows before"
The State JouTndJis is the radical Republican
organ at Richmond. As it is not on our ex-
change list, we have not seen the article
above alluded to. The following, however,
we take from the Cincinnati Times, which
came to hand last evening"
The restoration OF Virginia to her status in the
Union brings up singular question for settlement
The Constitution distinctly declares that no State
shall be divided without its consent, and Virginia
being now in the Union, the question is raised
whether the State OF West Virginia has legal exist
Virginia has had no existence as State since
1861. II so, she not have consented to the divl-
sion OF her territory and hence argued that West
Virginia has no constitutional right TO recognition as
q State The question OF reunion is already being
agitated.
The restoration of Virginia does not, we
think, bring up the question here indicated.
Virginia was recognized as O State, by all de-
partments of the National Government and
was represented in the Senate, up to 1864.
This was by virtue of the restoration of her
government on loyal basis here in 1861. In
1862 the Legislature of Virginia, re-
cognized as such by the executive
and legislative branches of the United
States Government consented to the
division of the State. Her Govern
ment had abdicated by engaging in the
Rebellion, but those of her people adhering
to the United States, resuming their original
and inherent powers, met in this city, reor-
ganized the State, and chose Senators who
were admitted to seats on the floor of the
United States Senate. At the same time two
Congressman elected at the regular election,
under the old State, in May, 1861, held their
seats in the lower house. The government
of the State, thus restored on a loyal
basis, was officially recognized by the
President and the departments, as
well as by both houses of Congress- What
ever may have been done with Virginia after
wards, it is not to be denied that in every
way whereby such a fact could be determined
it had been determined that the Legislature
which consented to the division was the
Legislature of Virginia. The question was
effectually settled by the Supreme Court
of the United States in the khode
Island decision, which was in effect that Con-
gress was the power on whom it devolved to
determine what was a State government.
Congress having recognized the restored
Government of Virginia, which consented to
the division, it does not appear how it is
possible ever to question the validity of that
consent All the other steps in the process
of division having been taken with the
game scrupulous respect for the constitu-
tonal provisions applicable to it, no one
acquainted with the question or with the
facts can doubt the impregnable position
of West Virginia in the Union. Virginia
herself is concluded from raising the
question, for she recognized West Vir-
ginia as a State in bringing suit for the
recovery of Berkeley and jefferson counties;
and in entertaining that suit the Supreme
Court of the United States added its recogni-
tion of our statehood to that already given
by the two coordinate branches of the
National Government 1t may be said that
Virginia herself was not a State when she
brought that suit, for it was under the pro.
visional government; but the Court, in enter.
tanning it, expressed an opinion on the rela-
tions of the seeded States to the Govern
ment which is of some value, as showing that
State may be State in the Union even
while not exercising its full powers and pri
vileges.
AS to reunion, it can, of course, take place
if the legislatures of the two States and Con
9ress severally consent But if the question
is ''agitated," " it is somewhere else than il
West Virginia. No person here, SO far as We
know, favors any such thing. Certainly nc
party is willing to avow any such wish o.
purpose.
But SO far as concerns the validity of oui
State, it is impossible to raise any question
about it, and equally impossible for any one
who is acquainted with the facts or principles
involved to doubt it, Simple as is the Who'll,
question of the division of Virginia. it seem
vain to hope that the newspapers abroad will
ever understand it.