The secession from Virginia received permission from the Wheeling government that claimed loyalty to the Union, as opposed to the Richmond government that claimed loyalty to the Confederacy. Lincoln -- obviously -- recognized the Wheeling government as the legitimate government of Virginia.
The Supreme Court took the case after the Civil War and accepted the legitimacy of the creation of West Virginia.
33 posted on 02/20/2014 11:29:50 AM PST by Publius
("Who is John Galt?" by Billthedrill and Publius now available at Amazon.)