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To: cotton1706

>>Well, West Virginia is a special case since Virginia was in open rebellion against the United States at the time and depending on your point of view, was part of a foreign nation and was not subject to the Constitution of the United States. Under those circumstances, the Congress didn’t need the permission of some foreign nation’s legislature. <<

The flaw in your argument is that the Yankee government NEVER recognized the Confederacy as a separate nation. WV was created out of VA’s sovereign territory; which violated the Constitution. But then, Presidents from IL seem to have a problem with understanding and upholding the Constitution.


21 posted on 07/15/2011 12:04:02 PM PDT by NTHockey (Rules of engagement #1: Take no prisoners)
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To: NTHockey

Right. That’s why I wrote “depending on your point of view.” And that is the flaw. But at the time there was nobody to object but a legislature in rebellion. And they had other things to worry about than the population beyond the mountains. They made their move the the US took advantage. Were I in the government at the time, I probably wouldn’t have bothered checking in with Virginia’s legislature either.


30 posted on 07/15/2011 12:42:53 PM PDT by cotton1706
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To: NTHockey; cotton1706
the Yankee government

The "Yankee" government was the government of the United States of America. Not even Jefferson Davis disputed that claim.

NEVER recognized the Confederacy as a separate nation.

NO COUNTRY ON EARTH recognized the "Confederacy" as a separate nation.

WV was created out of VA’s sovereign territory; which violated the Constitution.

This is your opinion, but it is not the opinion of the people of West Virginia, or the Supreme Court of the United States. Article IV Section 3 makes clear that new states may be formed from existing States by acts of their legislature. The legislature of Virginia declared itself void by its act of secession. The Wheeling Convention was therefore legitimate to represent the people of Virginia. It did so, and announced the formation of a new State in compliance with Article IV Section 3. The Supreme Court upheld this decision, and the admisssion of West Virginia was ratified by Congress.

The theory that the Constitution was a compact among States which retained their rights to remove themselves from it was settled when the various armies in rebellion surrendered. You can refight that war if you wish, but that won't change the historical outcome, nor invalidate decisions of the Supreme Court, nor acts of Congress.

32 posted on 07/15/2011 1:01:02 PM PDT by FredZarguna (If you believe that only eyewitness to murder constitutes proof, you are being unreasonably stupid.)
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