Yeah, it's been explained before but I don't mind going over it again. To begin with, I'm sure you understand that a state can partition itself with consent of Congress and the state's legislature.
When the Virginia Secession Commission voted to submit a secession bill to the people of the commonwealth, the delegates from the western counties marched out of the Secession Convention in protest and vowed to form a state government loyal to the Union. These delegates gathered in Clarksburg on April 22, calling for a pro-Union convention, which met in Wheeling from May 13 to 15. On May 23, Virginia voters approved the Ordinance of Secession.
Following the Union victory at the Battle of Philippi, a Second Wheeling Convention met between June 11 and June 25, 1861. Delegates formed the Restored, or Reorganized, Government of Virginia, and chose Francis H. Pierpont as governor. The U.S. Congress then recognized the Restored Government as the only legitimate government of Virginia. John Carlile and Waitman T. Willey became United States Senators and Jacob B. Blair, William G. Brown, and Kellian V. Whaley became Congressmen representing pro-Union Virginia.
On October 24, 1861, residents of thirty-nine counties in western Virginia approved the formation of a new Unionist state. At the Constitutional Convention in Wheeling, which met from November 1861 to February 1862, delegates selected fifty counties for inclusion in the new state of West Virginia. Some of the counties that did not support statehood were included for political, economic, and military purposes. One of the more controversial decisions involved the Eastern Panhandle counties, which supported the Confederacy. The Baltimore and Ohio Railroad, which ran through the Eastern Panhandle, was extremely important for the economy and troop movements. Inclusion of these counties removed all of the railroad from the Confederacy.
Since the Restored Government was considered the legal government of Virginia, it granted permission to itself on May 13, 1862 to partition and to form the state of West Virginia.
The United States Senate on July 14, 1862, approved statehood for West Virginia. On December 10, 1862, the House of Representatives passed the enabling act as well and on December 31, President Lincoln signed the bill into law, approving the creation of West Virginia as a state loyal to the Union. On March 26, 1863, the citizens of the fifty counties approved the statehood bill and on June 20, the state of West Virginia was officially created.
The legality of these actions was later recognized by the Supreme Court when it agreed to hear the case of Virginia v. West Virginia.
Well, I have to admit I can see your side's legal argument with that explanation. Very well stated, and concise. I would, of course, dispute the legitimacy of a few western counties being the entire "legitimate" government of the State as the Constitution intended, but we both know I would. Lincoln's "Court" notwithstanding, of course. Excellent response, I appreciate your succinct and straightforward answer.