The Supreme Court recognized the constitutionality of the existence of West Virginia when it agreed to hear the case of Virginia v West Virginia in 1871.
With the infamous Salmon P. Chase, party of the first part to the original felony, presiding.
Crooked court, crooked case, crooked result.
The Supreme Court in 1871 had nine Yankees on it, 5 selected by Lincoln himself.
The three dissenting justices were David Davis of Illinois, Stephen Field of California, both appointed by Lincoln, and Nathan Clifford, appointed by Buchanan.