"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."
Abraham Lincoln
Lincoln signed the bill to create the new state of West Virginia on this date in 1863. Some questioned whether this was legal to do; others considered it, as it appears Lincoln did, that it could be done out of expediency since Virginia had seceded from the Union. See the links below for further information.
http://answers.yahoo.com/question/index?qid=20071115003042AAi0xjz
http://www.wvculture.org/History/statehood/statehood.html
What do you think? Was the creation of West Virginia legal?


Comments: 45
I remember growing up in Calif., there was a lot of debate about the state of California breaking up into Northern and Southern States. I've forgotten why exactly, but I think it had to do with the large city populations of the southern portion having to much political say over all the state?
Thanks.
On the other hand, the U.S. arranged it with the cooperation of the western counties of Virginia because they could, not because it was legal.
Does it matter now whether it was legal? Probably not. :-)
if i knew this (i'm sure i must have learned in school)
I have forgoten.
http://www.lincolnquotes.gather.com/
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Great quote... And anything is possible, then and even more so, now!
Obviously the Civil War was in large part about States Rights. "In the beginning" States held most of the power to govern those within their boundaries. Lincoln helped to give the Federal government much greater power during his administration. This often happens during time of war (e.g., the Civil War, World War II, and the current "war on terror").
An interesting piece of US history.