Actually I do, apparently better than most Lost Causers.
In the first place, your claim of a 'constitutional action of the whole state' is wrong. The Southern acts of secession were not legal, as the Supreme Court ruled in 1869.
And there was nothing illegal or unconstitutional about the creation of West Virginia. A single state may split itself into two or more states with the approval of Congress and the state legislature. The partition was approved by a body calling itself the loyal Virginia legislature and which was recognized by Congress as the only legitimate Virginia legislature sitting. Congress later approved their actions, and the Supreme Court recognized the legality of the split when they heard the case of Virginia v. West Virginia following the rebellion. The case which, by the way, said West Virginia could keep the counties in question.
Are you still stuck on that lame ass argument?
I guess once stuck on stupid, always stuck on stupid.
You mean the ipse dixit (i.e., asserted, not proved) opinion by Chief Justice Chase formerly of the Lincoln cabinet who helped fight the war against Southern secession and who was the tenth justice of the Supreme Court back when he was nominated thanks to the Republican Congress and Lincoln who packed the court by adding a tenth justice to ensure favorable opinions?
And there was nothing illegal or unconstitutional about the creation of West Virginia. ... Congress later approved their actions, and the Supreme Court recognized the legality of the split when they heard the case of Virginia v. West Virginia following the rebellion. The case which, by the way, said West Virginia could keep the counties in question.
From: [Link]
Although the Court never directly addressed the matter of the constitutionality of West Virginia statehood, despite persistent questions as to whether the Reorganized Government had legitimately given Virginia's consent to the creation of the new state, the conclusion in Virginia v. West Virginia also settled, for practical purposes, the statehood issue.
According to that site SCOTUS never ruled on the constitutionality of WV statehood. From that link again:
In Virginia v. West Virginia, the Supreme Court in 1871 rejected (7-3) Virginia's claims. It held that the statutes of the Reorganized Government regarding Berkeley and Jefferson effectively created an agreement between the two states that the counties would become part of West Virginia "whenever" voters assented.
One side can create an agreement binding on both? Is this a new law passed by the Supreme Court? Who knew? I can agree that you should give me your car, and your objection to that will not stand up in court.
What about the large number of counties whose voters did not assent in the 1861 WV statehood referendum? Also, Jefferson County, one of the two counties in question in the Virginia v. West Virginia case, had voted to secede from the US in 1861. It then voted to join WV in 1863 but only when its Confederate soldiers were absent. Sounds like Northern style politics all right.