The Virginia Confederate legislature removed itself from the Union and declared war on the United States.
That Virginia legislature didn't seek and didn't have US government approval-authorization.
Another Virginia legislature was elected by Virginia Unionists, was recognized by Congress and approved forming West Virginia.
Once the Confederate legislature rejoined the Union, it attempted to revoke the previous approval of West Virginia, but in appeal to the US Supreme Court, lost their case.
No Virginia legislature since has ever reopened the case.
And the US government rejected this claim.
Checkmate.