The Government in Wheeling
A movement for separate statehood had grown in the trans-Allegheny region of Virginia long before the outbreak of war. A key obstacle to separate admission to the Union was that the United States Constitution forbade the creation of new states out of existing ones without the consent of the existing state's legislature. The Restored Government asserted its authority to give such consent. The legislature that met between the two sessions of the Wheeling Convention in 1861 failed to pass a statehood bill, but the second session of the convention approved it. A popular referendum in October 1861 was called on the creation of the new "State of Kanawha" from the counties of northwestern Virginia. The voters' approval led to a constitutional convention, and another popular vote in April 1862 approving the new constitution of the now renamed "West Virginia". The U.S. Congress then passed a statehood bill for West Virginia, but with the added condition that slaves be emancipated in the new state, and that certain disputed counties be excluded. Lincoln, though reluctant to divide Virginia during a war aimed at re-uniting the country, signed the statehood bill into law on December 31, 1862. In Wheeling, the added conditions required another constitutional convention and popular referendum. Statehood was achieved on June 20, 1863.
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