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To: donmeaker
No, secession does not need to be valid for West Virginia to be entered as a valid state. When a state enters insurrection, the US does not lose the territory, rather, its state government institutions lose legitimacy, and its land area reverts to being a territory.

This is utterly incorrect, both in the theoretical and the factual. Virginia was one of the colonies which won independence from Britain and was indeed a State before the Congress ratified the Constitution, or even the Articles of Confederation. -- If it were to 'revert', then it must needs be revert to an independent State [read nation].

As a territory, the Congress has the authority to set boundaries and to establish state governments, which the Congress did. Congress retains the right and duty to directly rule areas in insurrection, because of the constitutional guarantee that each state has a republican form of government.

This also is incorrect.

77 posted on 01/10/2013 9:31:41 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OneWingedShark

Except that Virginia signed onto the Union with the Declaration of Independence. They signed onto the Union with the Articles of Confederation. They signed onto the Union with the Constitution.

Virginia was never an independent state outside the Union. It was a state as part of the Union. If the state went into insurrection, it remained part of the Union, but the state government is no longer an instrument of the sovereignty of the people of the United States, and is thus invalid, but the land area remains part of the US. Accordingly, it remains a US territory without a legitimate state government.


80 posted on 01/10/2013 11:09:54 PM PST by donmeaker (Blunderbuss: A short weapon, ... now superceded in civilized countries by more advanced weaponry.)
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