That's an interesting point. The case I referenced really doesn't touch on the subject, and I'm not familiar with WV law enough to render an informed decision. On it's face, it would be difficult to believe they would enjoin the governor from doing such, but I really don't know.
The governor was just reelected and serves until 2013, so he doesn't care. Let's see if the people of West Virginia speak up about this.
-PJ