"Is West Virginia Constitutional?" Topic

"On the creation of new states, the Constitution is pretty clear. Article IV, Section 3, reads that "no new States shall be formed or erected within the Jurisdiction of any other State … without the Consent of the Legislatures of the States concerned as well as of the Congress."

It appears that someone forgot to tell West Virginia about this. In 1863, the Mountain State carved itself out of the northwestern corner of the Commonwealth of Virginia, raising the question: Is West Virginia unconstitutional?…"

More here

link

Armand

If Virginia sued after the war to get some counties back, that would seem to be an acknowledgment BY VIRGINIA, the offended party, that the State of West Virginia was legitimate.
Also, the Supreme Court 🙄 waffled on the issue (and nobody can waffle like the Supreme Court) of West Virginia being legitimate, but instead only considered the issue of the counties.
I got that much by skimming the link, skipping key parts, and not bothering to "research" any further. As usual, "Research" consists of Googling a topic, and going to the links you know in advance you will agree with.

It seems to me that… 😄

I'm not a Constitutional Lawyer, but I did stay at a Holiday Inn Express last night.

I've always seen this as an example of how the winners get to make or enforce or define the rules for the losers, simple as that. Everything else is just a pointless argument or legal pirouettes.

I don't know if this is an urban legend or not, but a Supreme Court justice 🤷 allegedly said, when asked after the War whether secession was … pant pant pant .., constitutional:
"They lost, didn't they? That settled the question."

I just noticed that this is cross posted to Galleys and Star Trek. 👍
Naaaah, leave it there Bill.

Virginia did give its permission for the formation of West Virginia, or at least the part of Virginia that was still loyal to the United States did!

It is a very complex subject. The very much shortened version is that when Virginia seceded the preexisting government went with it into the Confederacy. A second government, loyal to the Union and recognized by Lincoln, was set up. That Loyal Virginia Government consented to the creation of West Virginia. That said the entire process was fraught with irregularities.

Thanks

Armand

West Virginia was simply Vichy Virginia.

Annexed by the winners under the rules if war.

Given the current political climate, I doubt the majority of Virginians would even want it back.

Kim

Kim,

I wonder if that would be true. The Richmond/Washington and college city areas probably would not, but I think most of the rest would. It Would definitely change the politics.

Would also give Virginia more political clout.

How would Virginia gain clout?
If West Virginia were annexed, Virginia wouldn't gain any senators. And it would only gain 3 or 4 congress critters.

Electoral votes. Kicks them to 17 I believe.

@KimRYoung- More like just the northern counties. The rest of Virginia has more in common with West Virginia than the D.C. suburbs.

Northern Virginia dominates state politics now the same as Chicago dominates the rest of Illinois (or as those residence refer to it as, "Forgottonia".

Kim

Maybe the like minded counties of Virginia could secede and join Weat Virginia, leaving the DC Metro area behind. 😄
Much like the eastern rural counties of Washington want to become Greater Idaho.
And the northern counties of California getting tired of the LA SF axis.

Heck. James Carville has described Pennsylvania as "Pittsburgh and Philadelphia, with Alabama in the middle."

,,, and inland California would like to be separated from both LA and SF.

The winners draw the lines on the map as well as writing the history.

(smile)

Armand

Wisconsin demands that the U.P. leave Michigan and join its natural partner to form a Greater Badgerland!

Then we conquer Minnesota and increase the tarrifs on Illinois!

Gotta keep out those tourists, Bears fans, and Jeppson's Malört!

Pennsylvania (me) wants to give Philadelphia to New Jersey. Or, better yet Connecticut! I want revenge for the Yankee Pennamite wars!
I can handle Pittsburgh. I'm a Steelers fan.

Thanks

Armand

Yinzers in the burg are actually a separate country in many ways.