[Non-Sequitur]

Which doesn't cancel the Constitution, but instead calls for corrective action by a later Congress, which should deprive West Virginia of its seat in the Union and reunite it with the Richmond government.

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.

[lentulusgracchus]

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.

[Verginius Rufus]

The Supreme Court in 1871 had nine Yankees on it, 5 selected by Lincoln himself.

[Verginius Rufus]

I went and looked at the case of Virginia vs. West Virginia (11 Wall. [=78 U.S.] 39-65). It has to do with the way that Berkeley and Jefferson counties were added to W.Va. (the same procedure was set up for Frederick County, which remained part of Virginia). It does take for granted that West Virginia is a state, and seems to assume that the Pierpont government in Virginia during the war was a legal government.

The three dissenting justices were David Davis of Illinois, Stephen Field of California, both appointed by Lincoln, and Nathan Clifford, appointed by Buchanan.