Malcolm Rivera
West Virginia's statehood was officially recognized on June 20, 1863, when President Lincoln signed the bill admitting the state to the Union. The West Virginia Constitution was first ratified in 1863 and then again in 1872. The constitution-making process was a unique one, with disputes over the borders of Virginia dating back to the early 17th century.
| Characteristics | Values |
|---|---|
| Date of adoption | April 9, 1872 |
| Previous constitutions | 1 (1863) |
| Number of amendments | At least 21 |
| Number of articles | 14 |
| Date of last amendments | November 5, 2024 |
Explore related products
What You'll Learn
West Virginia's statehood
West Virginia's path to statehood was a unique and complex one. The state was born out of the Commonwealth of Virginia during the Civil War, when the Virginia government in Richmond seceded from the Union in the spring of 1861. In response, delegates from the northwestern part of the state gathered in Wheeling and formed the "Restored Government of Virginia", declaring that they now constituted the state of Virginia. This led to a period with two Virginias: a Union Virginia and a Confederate Virginia.
The Restored Government of Virginia created their own constitution and applied for statehood. On February 18, 1862, the delegates approved the constitution, which was then submitted to and approved by the voters of West Virginia on April 3, 1862. The constitution included significant changes, such as addressing issues specific to West Virginia, defining the boundaries of the new state, and tackling the issue of slavery.
The process of achieving statehood, however, was not without challenges. In May 1862, Senator Waitman T. Willey submitted a bill, S. 365, to Congress for West Virginia's admission to the Union. He proposed an amendment to the bill, known as the Willey Amendment, which called for the gradual emancipation of slaves in the state. On July 14, the Senate approved West Virginia's admission to the Union, conditional upon its acceptance of the Willey Amendment.
On December 31, 1862, President Lincoln signed the bill admitting West Virginia to the Union, and the state officially gained statehood on June 20, 1863. The West Virginia Constitution was ratified on March 26, 1863, and included the provisions for the gradual emancipation of slaves. While the issue of statehood was settled, there were ongoing disputes regarding the status of Berkeley and Jefferson Counties, which voted to join West Virginia in 1863 but were contested by Virginia during Reconstruction. These territorial disputes continued until 1871, when the U.S. Supreme Court affirmed that the counties were indeed part of West Virginia.
West Virginia has had two state constitutions. The current constitution, adopted in 1872, consists of 14 articles and has been amended at least 21 times. It outlines the state's framework for governance, including powers, structure, limitations, individual and civil rights, and other matters.
Ireland's Constitution: A Written Legacy
You may want to see also
The Restored Government of Virginia
On June 25, 1861, the federal government recognized the Restored Government of Virginia, based in Wheeling, as the legitimate government in Virginia. This government, led by Francis H. Pierpont, operated a government, including state and federal elections, over the northwestern counties, the counties surrounding Washington, D.C., and the eastern shore. The Restored Government of Virginia also created its own Constitution and applied for statehood, eventually becoming West Virginia in 1863.
The delegates who comprised what would become West Virginia filled up all the state positions vacated by the politicians who had seceded, including the governor and state legislator positions. This meant that for a while, there were two Virginias: a Union Virginia and a Confederate Virginia. The Restored Government of Virginia, under Pierpont, focused on raising regiments and commissioning officers for the Union cause.
On June 20, 1863, the northwestern counties were officially split from Virginia and became their own state, West Virginia. The Restored Government of Virginia then relocated to Alexandria, and after the fall of Richmond, it moved back to Richmond to become the sole state government. The current West Virginia Constitution was adopted in 1872, and it has been amended at least 21 times since then.
Shays' Rebellion: Constitution Amendments and Their Legacy
You may want to see also
West Virginia's first constitution
The seeds of the state's creation were sown in the early 17th century, when conflicting royal charters granted overlapping territory to multiple entities, causing disputes over the borders of Virginia. While the Virginia Constitution of 1776 solidified the borders, it did not resolve long-standing regional tensions within the state. Voting rights in Virginia were based on property holdings, and many residents of western Virginia felt underrepresented as they did not own enough property to vote.
In the spring of 1861, as several southern states seceded from the Union, tensions between eastern and western Virginians came to a head. While the Virginia government in Richmond seceded, delegates from the northwestern part of the state met in Wheeling and counter-seceded, declaring that the government in Richmond had no right to leave the Union. They called themselves New Virginia or the Restored Government of Virginia, and for a time, there were effectively two Virginias: a Union Virginia and a Confederate Virginia.
The Restored Government of Virginia created their own constitution and applied for statehood, eventually achieving recognition as the state of West Virginia on June 20, 1863. This constitution was approved by delegates on February 18, 1862, and by voters on April 3, 1862. It was based on Virginia's constitution of 1851, with significant changes to address issues specific to West Virginia, including the name of the new state, its boundaries, and the issue of slavery.
However, West Virginia's statehood was not without its challenges. The status of Berkeley and Jefferson Counties was contested, and Virginia argued that Union troops had influenced the vote to transfer these counties to West Virginia. In 1865, the Virginia Assembly repealed the legislation transferring the counties, but Congress passed a resolution in 1866 to officially recognize the transfer. The debate was finally settled in 1871, when the U.S. Supreme Court affirmed that the counties were indeed part of West Virginia.
The Constitution of 1795: A Historical Overview
You may want to see also
Explore related products
![Constitution of West Virginia 1861 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
West Virginia's second constitution
West Virginia has had two state constitutions. The second constitution was ratified in 1872, almost a decade after the first was ratified in 1863. The second constitution was written in Charleston, West Virginia, and has been amended at least 21 times.
The road to West Virginia's statehood was a unique and tumultuous one. Disputes over the borders of Virginia began in the early 17th century with conflicting royal charters that granted overlapping territory to multiple entities. It was not until the Virginia Constitution was ratified in 1776 that the borders solidified. However, clarifying the borders did not resolve long-standing regional tensions within the state. Voting rights in Virginia were based on property holdings, and many residents of western Virginia felt underrepresented as most did not own enough property to vote.
In the spring of 1861, as southern states began seceding from the Union, delegates from the northwestern part of Virginia met in Wheeling, West Virginia. They believed that Virginia had no right to leave the Union, and so they constituted a new state, calling themselves New Virginia or the Restored Government of Virginia. This meant that for a while, there were two Virginias: a Union Virginia and a Confederate Virginia.
The Restored Government of Virginia wrote a new constitution and applied for statehood, which was achieved in 1863. However, the status of Berkeley and Jefferson Counties continued to be disputed, with Virginia arguing that Union troops had influenced the vote to transfer the counties to West Virginia. The debate was resolved in 1871 when the U.S. Supreme Court affirmed that the counties were part of West Virginia.
The Constitution's Preamble: Why It Was Written
You may want to see also
The Willey Amendment
The West Virginia Constitution was approved by delegates on February 18, 1862, and by voters on April 3, 1862. However, West Virginia's statehood was not settled until 1863, and the current West Virginia Constitution—the state's second—was not adopted until 1872.
The West Virginia Constitutional Convention delegates at Wheeling accepted the Willey Amendment changes to the West Virginia Constitution, which included the gradual emancipation of slaves and the removal of fifteen Shenandoah Valley counties. On March 26, 1863, West Virginia ratified the revised constitution, and President Lincoln proclaimed that West Virginia would officially be recognized as a state on June 20, 1863.
Enumerated Powers: Implied or Expressly Written?
You may want to see also
Frequently asked questions
The West Virginia Constitution was written in 1861 and revised in 1863.
The West Virginia Constitution was written in response to Virginia's decision to secede from the Union in 1861.
The West Virginia Constitution led to the creation of the state of West Virginia, which was admitted to the Union on June 20, 1863.
Yes, the West Virginia Constitution has been amended at least 21 times, with the most recent amendments approved by voters on November 5, 2024.
![Construction Construed, and Constitutions Vindicated [1820]](https://m.media-amazon.com/images/I/71R28HQJxOL._AC_UY218_.jpg)
