Random (but not really)

Wednesday, January 2, 2013

December 31, 1862

I missed this on Monday, but want still to make note of its passing: 31 December was the 150th anniversary of Lincoln’s signing the bill to allow for the statehood of WV.

It is interesting to note that the constitutionality of the creation of WV has been considered dubious. The section of note is as follows:

New states may be admitted by the Congress into this union; but no new states shall be formed or erected within the jurisdiction of any other state; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned as well as of the Congress.

Article IV, Section 3, Clause 1 of the U.S. Constitution

The legal maneuvering to get around this was the creation of the New Restored Government of Virginia.

COMMONWEALTH OF VIRGINIA, EXECUTIVE DEP’T, WHEELING, June 21, 1861.

To His Excellency the President of the United States:

SIR: Reliable information has been received at this department from various parts of the State that large numbers of evil-minded persons have banded together in military organizations with intent to overthrow the Government of the State; and for that purpose have called to their aid like-minded persons from other States, who, in pursuance of such call, have invaded this Commonwealth. They are now making war on the loyal people of the State. They are pressing citizens against their consent into their military organization, and seizing and appropriating their property to aid in the rebellion.

I have not at my command sufficient military force to suppress this rebellion and violence. The Legislature cannot be convened in time to act in the premises; it therefore becomes my duty as Governor of this Commonwealth to call on the Government of the United States for aid to repress such rebellion and violence.

I therefore earnestly request that you will furnish a military force to aid in suppressing the rebellion, and to protect the good people of this Commonwealth from domestic violence.

I have the honor to be, with great respect, your obedient servant.

(Signed,) F.H. PEIRPOINT, Governor.

This restored government then petitioned Congress to make the western counties of Virginia a separate state.

We even had our own Declaration of Independence:

Declaration of the People of Virginia
Represented in Convention at Wheeling
June 13, 1861

The true purpose of all government is to promote the welfare and provide for the protection and security of the governed, and when any form or organization of government proves inadequate for, or subversive of this purpose, it is the right, it is the duty of the latter to alter or abolish it. The Bill of Rights of Virginia, framed in 1776, reaffirmed in 1860, and again in 1851, expressly reserves this right to the majority of her people, and the existing constitution does not confer upon the General Assembly the power to call a Convention to alter its provisions, or to change the relations of the Commonwealth, without the previously expressed consent of such majority. The act of the General Assembly, calling the Convention which assembled at Richmond in February last, was therefore a usurpation; and the Convention thus called has not only abused the powers nominally entrusted to it, but, with the connivance and active aid of the executive, has usurped and exercised other powers, to the manifest injury of the people, which, if permitted, will inevitably subject them to a military despotism.

The Convention, by its pretended ordinances, has required the people of Virginia to separate from and wage war against the government of the United States, and against the citizens of neighboring State, with whom they have heretofore maintained friendly, social and business relations:

It has attempted to subvert the Union founded by Washington and his co-patriots in the purer days of the republic, which has conferred unexampled prosperity upon every class of citizens, and upon every section of the country:

It has attempted to transfer the allegiance of the people to an illegal confederacy of rebellious States, and required their submission to its pretended edicts and decrees:

It has attempted to place the whole military force and military operations of the Commonwealth under the control and direction of such confederacy, for offensive as well as defensive purposes.

It has, in conjunction with the State executive, instituted wherever their usurped power extends, a reign of terror intended to suppress the free expression of the will of the people, making elections a mockery and a fraud:

The same combination, even before the passage of the pretended ordinance of secession, instituted war by the seizure and appropriation of the property of the Federal Government, and by organizing and mobilizing armies, with the avowed purpose of capturing or destroying the Capitol of the Union:

They have attempted to bring the allegiance of the people of the United States into direct conflict with their subordinate allegiance to the State, thereby making obedience to their pretended Ordinance, treason against the former.

We, therefore the delegates here assembled in Convention to devise such measures and take such action as the safety and welfare of the loyal citizens of Virginia may demand, having mutually considered the premises, and viewing with great concern, the deplorable condition to which this once happy Commonwealth must be reduced, unless some regular adequate remedy is speedily adopted, and appealing to the Supreme Ruler of the Universe for the rectitude of our intentions, do hereby, in the name and on the behalf of the good people of Virginia, solemnly declare, that the preservation of their dearest rights and liberties and their security in person and property, imperatively demand the reorganization of the government of the Commonwealth, and that all acts of said Convention and Executive, tending to separate this Commonwealth from the United States, or to levy and carry on war against them, are without authority and void; and the offices of all who adhere to the said Convention and Executive, whether legislative, executive or judicial, are vacated.

Before signing the bill at the end of 1862, President Lincoln asked his cabinet the following:

Gentlemen of the Cabinet

A bill for an act entitled ‘An Act for the admission of the State of West-Virginia into the Union, and for other purposes,’ has passed the House of Representatives, and the Senate, and has been duly presented to me for my action.

I respectfully ask of each [of] you, an opinion in writing, on the following questions, towit:

1st. Is the said Act constitutional?

2d. Is the said Act expedient?

Your Obt. Servt.
ABRAHAM LINCOLN

President Lincoln considered their responses and signed the bill on the 31st, with a memorandum containing some of the reasons he thought their legal maneuvering was successful.

The division of a State is dreaded as a precedent. But a measure made expedient by a war, is no precedent for times of peace. It is said that the admission of West-Virginia, is secession, and tolerated only because it is our secession. Well, if we call it by that name, there is still difference enough between secession against the constitution, and secession in favor of the constitution.

I believe the admission of West-Virginia into the Union is expedient.

This wasn’t the start of the process, nor the end, yet it was still a significant part in the creation of the State of West Virginia from territories that had previously been Virginia.

Restored Government of Virginia
Lincoln’s West Virginia Dilemma
Lincoln and West Virginia Statehood

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