[since 1854]

Virginia never left the Union, but the state government did change.

As affirmed by the Supreme Court, the creation of West Virginia was constitutional. Per the constitution of Virginia at the time, the 1861 constitutional convention superceded the state government. Those delegates who voted for secession thereby lost their legitimacy as delegates, leaving the loyal delegates as the legitimate government of the state of Virginia. It was the loyal state administration of Gov. Francis Pierpont, who remained in office until 1868, which consented to the formation of West Virginia.

[smug]

ridiculous, the constitution says you can’t form a state of of a part of a existing state.

[fortheDeclaration]

As affirmed by the Supreme Court, the creation of West Virginia was constitutional. Per the constitution of Virginia at the time, the 1861 constitutional convention superceded the state government. Those delegates who voted for secession thereby lost their legitimacy as delegates, leaving the loyal delegates as the legitimate government of the state of Virginia. It was the loyal state administration of Gov. Francis Pierpont, who remained in office until 1868, which consented to the formation of West Virginia.

Thank you for that insight.