Omar Bennett
West Virginia has had two constitutions, the first of which was ratified in 1863. The current constitution of West Virginia was written and adopted in 1872. The 1872 constitution has been amended at least 21 times, with 66 amendments as of 1995. The most recent amendments were approved by voters on November 5, 2024.
| Characteristics | Values |
|---|---|
| Number of Constitutions | 2 |
| Current Constitution | Second |
| Date of Current Constitution | 1872 |
| Number of Articles in Current Constitution | 14 |
| Number of Amendments | 21 minimum |
| Date of First Constitution | 1863 |
| Number of Amendments Rejected | 46 |
| Number of Amendments since 1960 | Majority |
| Date of Last Amendment | 5 November 2024 |
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What You'll Learn
West Virginia's first constitution
West Virginia has had two constitutions. The first was ratified in 1863 and the second in 1872. The state's first constitution was written in 1861, during the American Civil War, after Virginia's decision to secede from the United States. On November 26, 1861, delegates from the state's westernmost counties met in convention at Wheeling, West Virginia, and started their draft based on Virginia's constitution of 1851. The convention made significant changes to gear the document towards issues facing those in West Virginia, such as the name of the new state, its boundaries, and the issue of slavery. On February 18, 1862, the constitution was approved unanimously by the delegates and submitted to West Virginia's voters.
The 1863 Constitution, also known as the "Yankeefied" constitution, abandoned the traditional system of county government found in Virginia and elsewhere in the South. It established a system of townships that resembled those found in New England. The document also included provisions for a procedure to add additional territory to the state (Section 11). This section was never invoked under the 1872 Constitution, but it was used in 1863 to add Berkeley and Jefferson Counties to the state.
Article I of the 1863 Constitution defined the state in relation to the federal government, acknowledging the supremacy of the U.S. Constitution and declaring that powers not delegated to the federal government are reserved for the states. Article II set out the state's boundaries and defined the rights of citizens, while also addressing issues such as treason, the state seal, and the wording of legal documents. Article III further outlined the rights of the state's citizens.
In 1869, the Flick Amendment created universal manhood suffrage within the state. Two years later, the state legislature called for a convention to draft a new constitution, which commenced in 1872. The convention made several changes to the pre-existing document, including increasing the terms of office for the governor and legislators. The 1872 Constitution resembled the 1850 Constitution of Virginia in many ways, with county courts becoming the center of governmental authority, decentralizing the state. A system of business taxation was also implemented.
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The 1872 constitution
The current West Virginia Constitution, also known as the 1872 Constitution, is the supreme law of the U.S. state of West Virginia. It is the state's second constitution, which replaced the original 1863 Constitution. The 1872 Constitution was approved by voters on August 22, 1872, and has been amended at least 21 times since, with 46 additional proposals rejected.
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The constitution's amendments
West Virginia has had two constitutions, the first of which was ratified in 1863 and the second in 1872. The current constitution has been amended at least 21 times, with 46 additional proposals being rejected. The majority of amendments proposed since 1960 have been ratified.
The first constitution for the state was written in 1861, after Virginia's decision to secede from the United States. Delegates from the state's westernmost counties met in convention at Wheeling to form a new state, West Virginia, and wrote a constitution for that state. The delegates relied heavily on the Virginia constitution of 1851, but made several significant reforms to address inequities that had long provoked Western Virginians. The new constitution provided for equal apportionment based on population, included no property qualifications for voting, required that all property be taxed equally at face value, and required the legislature to establish a system of public schools "as soon as practicable".
The 1872 constitution was drafted following a convention held in Charleston between January 16, 1872, and April 9, 1872. The convention was called after a change in political leadership in the state, with a new majority supporting revisions to the original 1863 constitution. The convention made a number of changes to the pre-existing document, including increasing the terms of office for the governor and legislators. The 1872 constitution also replaced the township system with a reliance on county courts in addition to the supreme and circuit courts.
The 1974 amendments to Article VIII of the constitution replaced justices of the peace with magistrates. Section 11 also authorizes the creation of municipal courts.
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![Constitution of West Virginia 1861 [Leather Bound]](https://m.media-amazon.com/images/I/617DLHXyzlL._AC_UY218_.jpg)
The constitution's articles
West Virginia's current constitution, its second, was written in 1872. It consists of fourteen articles and several amendments. Here is an overview of the constitution's articles:
Article I: Relations to the US Government
Article I defines the state's relationship with the federal government, acknowledging the supremacy of the US Constitution. It declares that the state constitution is set out according to the principle that powers not delegated to the federal government are reserved for the states.
Article II: The State
Article II establishes the state's boundaries and defines the rights of its citizens. It also covers issues such as treason, the state seal, and the wording of legal documents. Due to West Virginia's origins as a split from Virginia, the eastern boundary outlined in this article was disputed until the US Supreme Court recognised it in 1871.
Article III: Bill of Rights
Article III further outlines the rights of West Virginia's citizens.
Article IV: Election & Officers
Article IV covers elections and the officers elected.
Article V: Division of Powers
Article V consists of one section and covers the division of powers.
Article VI: The Legislature
Article VI covers the state legislature and consists of 57 sections.
Article VII: Executive Department
Article VII covers the executive department and consists of 19 sections.
Article VIII: Judicial Power
Article VIII covers the judicial branch of the state government. It establishes the state supreme court, circuit courts, and magistrate courts. The legislature can create other appellate courts, but it has not done so.
Article IX: County Organization
Article IX covers county organisation and consists of 13 sections.
Article X: Taxation & Finance
Article X covers taxation and finance and consists of 12 sections, one of which has been repealed.
Article XI: Corporations
Article XI covers corporations and consists of 12 sections.
Article XII: Education
Article XII covers education and consists of 12 sections, one of which has been repealed.
Article XIII: Land Titles
Article XIII covers land titles and consists of six sections, four of which have been repealed.
Article XIV: Amendments
Article XIV covers amendments and consists of two sections.
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The constitution's impact on the state's governance
West Virginia has had two constitutions, the first was ratified in 1863, and the second in 1872. The current constitution has been amended at least 21 times, with 66 amendments having been made as of 1995 and two additional amendments approved by voters in 2024.
The Constitution of West Virginia is the supreme law of the state and expresses the rights of its citizens. It also provides a framework for the organization of law and government. The document includes 14 articles, with each article outlining the state's governance in different ways.
Article I defines the state's relationship with the federal government, acknowledging the supremacy of the U.S. Constitution and outlining the principle that any powers not specifically given to the federal government are reserved for the states. Article II sets out the state's boundaries and defines the rights of citizens, covering issues such as treason, the state seal, and the wording of legal documents. It also deals with the contentious issue of the state's eastern boundary with Virginia, which was eventually recognized by the U.S. Supreme Court in 1871.
Article III sets out the rights of citizens in more detail, including the "Bill of Rights," which consists of 22 sections. Article IV, "Election & Officers," covers the election process and the officers chosen, with each house determining the rules of its proceedings and being the judge of the elections, returns, and qualifications of its members. The Senate chooses its president, and the House of Delegates chooses its speaker.
Article VIII covers the judicial branch of the state government, establishing the state supreme court, circuit courts, and magistrate courts. It also authorizes the creation of municipal courts and gives the legislature the ability to create other appellate courts, although this has not yet been done.
The constitution also includes provisions on the process of creating laws. For example, no bill can become a law until it has been fully and distinctly read on three different days in each house, unless four-fifths of members vote to dispense with this rule in cases of urgency. Additionally, no act can embrace more than one object, and that object must be expressed in the title.
The constitution has had a significant impact on the state's governance by providing a framework for the organization of law and government, defining the rights of citizens, and outlining the roles and responsibilities of different branches of government, including the legislative, executive, and judicial branches. It has also been amended multiple times to reflect changing societal needs and values, such as the 1974 amendments that replaced justices of the peace with magistrates and formally abolished county courts.
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Frequently asked questions
The first constitution of West Virginia was written in 1861.
The current constitution of West Virginia was written in 1872.
West Virginia has had two state constitutions.
The current West Virginia constitution has been amended at least 21 times, with some sources stating 66 amendments.
