View single post by 39th Miss. Walker
 Posted: Fri Jan 4th, 2008 04:40 pm
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39th Miss. Walker
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Joined: Tue May 1st, 2007
Location: South Carolina
Posts: 80
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Mana: 
 The United States Constitution says a new state must gain approval from the original state, which never occurred in the case of West Virginia. Since the Restored Government, formed in 1861 and recognized by the Union, was considered the legal government of Virginia, it granted permission to itself on May 13, 1862, to form the state of West Virginia.
On December 31, 1862 President Lincoln signed the bill into law, approving the creation of West Virginia as a state loyal to the Union without abolishing slavery.
After the war the Restored Government of Virginia, the one set up in 1862 and recognized by the US, sued the US over the legality of statehood for WV.
As Texas Defender said this is an exercise in hypocrisies. Of which as Johan posted both sides had plenty of.

Actually Johan I do believe secession is illegal and was at the time.