West Virginia - History - Separation From Virginia

Separation From Virginia

See also: West Virginia in the American Civil War and History of slavery in West Virginia

West Virginia was the only state in the Union to secede from a Confederate state (Virginia) during the American Civil War. In Richmond on April 17, 1861, the 49 delegates from the future state of West Virginia voted 17 in favor of the Ordinance of Secession (of Virginia from the United States), 30 against and 2 abstentions. Almost immediately after the vote to proceed with secession from the Union prevailed in the Virginia General Assembly, a mass meeting at Clarksburg recommended that each county in northwestern Virginia send delegates to a convention to meet in Wheeling on May 13, 1861. When this First Wheeling Convention met, 425 delegates from 25 counties were present, though more than one-third of the delegates were from the northern panhandle area, but soon there was a division of sentiment.

Some delegates favored the immediate formation of a new state, while others argued that, as Virginia's secession had not yet been passed by the required referendum, such action would constitute revolution against the United States. It was decided that if the ordinance were adopted (of which there was little doubt), another convention including the members-elect of the legislature should meet at Wheeling in June. At the election on May 23, 1861, secession was ratified by a large majority in the state as a whole, but in the western counties 34,677 voted against and 19,121 voted for the Ordinance.

The Second Wheeling Convention met as agreed on June 11 and declared that, since the Secession Convention had been called without the consent of the people, all its acts were void, and that all who adhered to it had vacated their offices. The Wheeling Conventions, and the delegates themselves, were never actually elected by public ballot to act on behalf of western Virginia. An act for the reorganization of the government was passed on June 19. The next day Francis H. Pierpont was chosen by other delegates at the convention to be governor of Virginia, other officers were elected and the convention adjourned. The legislature was composed of 103 members, 33 of whom had been elected to the Virginia General Assembly on May 23.

This number included some hold-over Senators from 1859, and as such had vacated their offices to convene in Wheeling. The other members "were chosen even more irregularly –some in mass meetings, others by county committee, and still others were seemingly self-appointed" This irregular assembly met on June 20 and appointed Unionists to hold the remainder of the state offices, organized a rival state government and elected two United States senators who were promptly recognized by the federal government in Washington, D.C. Thus, there were two state governments in Virginia, one pledging allegiance to the United States and one to the Confederacy.

The Wheeling Convention, which had taken a recess until August 6, reassembled on August 20, and called for a popular vote on the formation of a new state and for a convention to frame a constitution if the vote should be favorable. At the October 24, 1861 election, 18,408 votes were cast for the new state and only 781 against. The honesty of these election results has been questioned, since the Union army then occupied the area and Union troops were stationed at many of the polls to prevent Confederate sympathizers from voting. Most of the affirmative votes came from 16 counties around the Northern panhandle. Over 50,000 votes had been cast on the Ordinance of Secession, yet the vote on statehood gathered little more than 19,000.

In Ohio County, home to Wheeling, only about one-quarter of the registered voters cast votes. At the Constitutional Convention in November 1861, Mr. Lamb of Ohio County and Mr. Carskadon said that in Hampshire County, out of 195 votes only 39 were cast by citizens of the state; the rest were cast illegally by Union soldiers. In most of what would become West Virginia, there was no vote at all as two-thirds of the territory of West Virginia had voted for secession and county officers were still loyal to Richmond. Votes recorded from pro-secession counties were mostly cast elsewhere by Unionist refugees from these counties. The convention began on November 26, 1861, and finished its work on February 18, 1862; the instrument was ratified (18,162 for and 514 against) on April 11, 1862.

On May 13 the state legislature of the reorganized government approved the formation of the new state. An application for admission to the Union was made to Congress, and on December 31, 1862, an enabling act was approved by President Abraham Lincoln admitting West Virginia, on the condition that a provision for the gradual abolition of slavery be inserted in its constitution. While many felt that West Virginia's admission as a state was both illegal and unconstitutional, Lincoln issued his Opinion on the Admission of West Virginia finding that "the body which consents to the admission of West Virginia, is the Legislature of Virginia," and that its admission was therefore both constitutional and expedient.

The convention was reconvened on February 12, 1863, and the demand was met. The revised constitution was adopted on March 26, 1863, and on April 20, 1863, President Lincoln issued a proclamation admitting the state at the end of 60 days (June 20, 1863). Meanwhile, officers for the new state were chosen and Gov. Pierpont moved his capital to Union-occupied Alexandria, where he asserted jurisdiction over all of the Virginia counties within the federal lines.

The question of the constitutionality of the formation of the new state was brought before the Supreme Court of the United States in the following manner: Berkeley and Jefferson counties lying on the Potomac east of the mountains, in 1863, with the consent of the reorganized government of Virginia voted in favor of annexation to West Virginia. Many voters of the strongly pro-secessionist counties were absent in the Confederate Army when the vote was taken and refused to acknowledge the transfer upon their return. The Virginia General Assembly repealed the act of secession and in 1866 brought suit against West Virginia, asking the court to declare the counties a part of Virginia which would have declared West Virginia's admission as a state unconstitutional. Meanwhile, on March 10, 1866, Congress passed a joint resolution recognizing the transfer. The Supreme Court, in 1870, decided in favor of West Virginia.

During the American Civil War, West Virginia suffered comparatively little. Union General George B. McClellan's forces gained possession of the greater part of the territory in the summer of 1861, culminating at the Battle of Rich Mountain, and Union control was never again seriously threatened, despite an attempt by Robert E. Lee in the same year. In 1863, General John D. Imboden, with 5,000 Confederates, overran a considerable portion of the state. Bands of guerrillas burned and plundered in some sections, and were not entirely suppressed until after the war ended. The Eastern Panhandle counties were more affected by the war, with military control of the area repeatedly changing hands.

The area which became West Virginia actually furnished about an equal number of soldiers to the federal and Confederate armies, approximately 22,000–25,000 each. The Wheeling government found it necessary in 1865 to strip voting rights from returning Confederates in order to retain control. James Ferguson, who proposed the law, said that if it was not enacted he would lose election by 500 votes. The property of Confederates might also be confiscated, and in 1866 a constitutional amendment disfranchising all who had given aid and comfort to the Confederacy was adopted. The addition of the Fourteenth and Fifteenth Amendments to the United States Constitution caused a reaction. The Democratic party secured control in 1870, and in 1871, the constitutional amendment of 1866 was abrogated. The first steps toward this change had been taken, however, by the Republicans in 1870. On August 22, 1872, an entirely new constitution was adopted.

Beginning in Reconstruction, and for several decades thereafter, the two states disputed the new state's share of the pre-war Virginia government's debts, which had mostly been incurred to finance public infrastructure improvements, such as canals, roads, and railroads under the Virginia Board of Public Works. Virginians, led by former Confederate General William Mahone, formed a political coalition which was based upon this, the Readjuster Party. Although West Virginia's first constitution provided for the assumption of a part of the Virginia debt, negotiations opened by Virginia in 1870 were fruitless, and in 1871, Virginia funded two-thirds of the debt and arbitrarily assigned the remainder to West Virginia. The issue was finally settled in 1915, when the Supreme Court of the United States ruled that West Virginia owed Virginia $12,393,929.50. The final installment of this sum was paid in 1939.