When the American Civil War started, Virginia seceded from the United States in 1861 over slavery,[1] but many of the northwestern counties of Virginia were decidedly pro-Union.[2][3] At a convention called by the governor and authorized by the legislature, delegates voted on April 17, 1861 to approve Virginia's secession from the United States.[4] Although the resolution required approval from voters at an election scheduled for May 23, 1861, Virginia's governor entered into a treaty of alliance with the Confederate States of America on April 24, elected delegates to the Confederate Congress on April 29, and formally entered the Confederacy on May 7.[4] For US President Abraham Lincoln, those actions proved that rebels had taken over the state and turned the machinery of the state toward insurrection. The individuals had not acted with popular support and thus Lincoln later felt justified in recognizing the Reorganized Government.[5]
Unionist sentiment was so high in the northwestern counties that civil government began to disintegrate, and the Wheeling Intelligencer newspaper called for a convention of delegates to meet in the city of Wheeling to consider secession from the Commonwealth of Virginia.[6] Delegates duly assembled, and at the First Wheeling Convention (also known as the May Convention), held May 13 to 15, the delegates voted to hold off on secession from Virginia until the state had formally seceded from the United States.[7][8] Concerned that the irregular nature of the First Wheeling Convention might not democratically represent the will of the people, formal elections were scheduled for June 4 to elect delegates to a second convention, if necessary.[7][8] Virginians voted to approve secession on May 23. On June 4, elections were held and delegates to an elected Second Wheeling Convention. Those elections were irregular as well. Some were held under military pressure, some counties sent no delegates, some delegates never appeared, and voter turnout varied significantly.[9][10] On June 19, the Second Wheeling Convention declared the offices of all government officials who had voted for secession vacant and reconstituted the executive and legislative branches of the Virginia government from their own ranks.[3][11][12] The Second Wheeling Convention adjourned on June 25 with the intent of reconvening on August 6.[13]
Francis Harrison Pierpont, Reorganized Governor of Virginia.
The new Reorganized Governor, Francis Harrison Pierpont, asked Lincoln for military assistance,[13][14] and Lincoln recognized the new government.[13][15] The region elected new US Senators, and its two existing US Representatives took their old seats in the House, which effectively gave congressional recognition to the Reorganized Government as well.[3][13][16]
After reconvening on August 6, the Second Wheeling Convention again debated secession from Virginia. The delegates adopted a resolution authorizing the secession of 39 counties, with Berkeley, Greenbrier, Hampshire, Hardy, Jefferson, Morgan, and Pocahontas Counties to be added if their voters approved, and it authorized any counties contiguous with them to join the new state if they so voted as well.[15][17] On October 24, 1861, voters in the 39 counties, as well as voters in Hampshire and Hardy Counties, voted to secede from the Commonwealth of Virginia. In eleven counties, voter participation was less than 20%, and Raleigh and Braxton Counties had a voter turnout of only 5% and 2%.[18][19][20] The ballot also allowed voters to choose delegates to a constitutional convention, which met from November 26, 1861 to February 18, 1862.[21] The convention chose the name "West Virginia" but then engaged in lengthy and acrimonious debate over whether to extend the state's boundaries to other counties that had not voted to secede.[22] Added to the new state were McDowell, Mercer, and Monroe Counties.[23] Berkeley, Frederick, Hampshire, Hardy, Jefferson, Morgan, and Pendleton Counties were again offered the chance to join, which all but Frederick County accepted.[23] Eight counties, Greenbrier, Logan, McDowell, Mercer, Monroe, Pocahontas, Webster, and Wyoming Counties, never participated in any of the polls initiated by the Wheeling government, but they were still included in the new state.[18] A new constitution for West Virginia was adopted on February 18, 1862 and was approved by voters on April 4.[24]
Governor Pierpont recalled the Reorganized state legislature, which voted on May 13 to approve the secession and to include Berkeley, Frederick, and Jefferson Counties if they approved the new West Virginia constitution as well.[24][25] After much debate over whether Virginia had truly given its consent to the formation of the new state,[26][27] the US Congress adopted a statehood bill on July 14, 1862, which contained the proviso of freeing all blacks in the new state under the age of 21 on July 4, 1863.[28][29][30] Lincoln was unsure of the bill's constitutionality, but pressed by northern senators, he signed the legislation on December 31, 1862.[31][32]
The West Virginia constitutional convention had not adjourned sine die but was rather subject to recall. Every county except Webster and Monroe Counties sent representatives to the session that convened on February 12, 1863 with Abraham D. Soper as its president.[33] After spirited debate concerning compensation for slaveowners whose slaves were freed (the matter ultimately being tabled), the convention amended the state's constitution on February 17 to include the congressionally-required slave freedom provisions and adjourned sine die on February 20.[33][34] The state's voters ratified the slave freedom amendment on March 26, 1863.[34] On April 20, Lincoln announced that West Virginia would become a state in 60 days.[34]
Map of the political development of West Virginia. Counties in white are the original counties. Berkeley (red) and Jefferson (dark blue) Counties were the focus of Virginia v. West Virginia.
Since they were then under the military control of the Confederacy, Berkeley, Frederick, and Jefferson Counties never held votes on secession or the new West Virginia state constitution.[35] On January 31, 1863, the Restored Government of Virginia passed legislation authorizing the reorganized governor to hold elections in Berkeley County on whether or not to join West Virginia.[36] The Reorganized legislature similarly approved on February 4, 1863 an election for Jefferson County and others.[37] The elections were held, voters approved secession, and Berkeley and Jefferson Counties were admitted to West Virginia.[38]
However, on December 5, 1865, the Virginia Assembly in Richmond passed legislation repealing all the acts of the reorganized government regarding secession of the 39 counties and the admission of Berkeley and Jefferson Counties to Virginia.[39]
On March 10, 1866, Congress passed a resolution acknowledging the transfer of the two counties to West Virginia from Virginia.[40]
Virginia sued, arguing that no action had taken place under the act of May 13, 1862, requiring elections, and that the elections in 1863 had been fraudulent and irregular. West Virginia filed a demurrer, which alleged that the Supreme Court lacked jurisdiction over the case because it was of a purely political nature.
Justice Miller then posed three questions for the Court to answer::"1. Did the State of Virginia ever give a consent to this proposition which became obligatory on her? 2. Did the Congress give such consent as rendered the agreement valid? 3. If both these are answered affirmatively, it may be necessary to inquire whether the circumstances alleged in this bill, authorized Virginia to withdraw her consent, and justify us in setting aside the contract, and restoring the two counties to that State."[43] Justice Miller then reviewed the various acts taken to reorganize the government of Virginia in 1861 and the various acts that the Reorganized Government and the United States took to create the state of West Virginia and extend its jurisdiction over the counties in question.[44] In answering the first question, Miller wrote, "Now, we have here, on two different occasions, the emphatic legislative proposition of Virginia that these counties might become part of West Virginia; and we have the constitution of West Virginia agreeing to accept them and providing for their place in the new-born State."[45] There was no question, in the mind of the majority, that Virginia had given its consent. Although the elections had been postponed because of a "hostile" environment, the majority concluded that the Reorganized Government of Virginia had acted in "good faith" to carry out its electoral duties in the two counties.[46]
In regard to the second question, Miller pondered the nature of congressional consent. Congress could not be expected to give its explicit consent to every single aspect of the proposed state constitution, Miller argued.[47] Clearly, Congress had intensively considered the proposed state constitution, which contained provisions for accession of the two counties in question, because Congress had seriously considered the slavery question regarding the admission of the new state and required changes in the proposed constitution before statehood could be granted.[48] That debate could lead the Court to only a single conclusion, Miller stated: "It is, therefore, an inference clear and satisfactory that Congress by that statute, intended to consent to the admission of the State with the contingent boundaries provided for in its constitution and in the statute of Virginia, which prayed for its admission on those terms, and that in so doing it necessarily consented to the agreement of those States on that subject. There was then a valid agreement between the two States consented to by Congress, which agreement made the accession of these counties dependent on the result of a popular vote in favor of that proposition."[49]
Miller then considered the third question. The majority held that although the language of the two statutes of January 31, 1863 and February 4, 1863, were different, they had the same legal intent and force.[50] Virginia showed "good faith" in holding the elections, Miller asserted.[50] That the Reorganized Virginia legislature did not require vote totals to be reported to it and delegated the transmission of the vote totals to West Virginia was not at issue, according to Miller. That gave the Reorganized Governor discretion as to when, where, and hope to hold the votes to certify them. The legislature acted within its power to delegate these duties to the Reorganized Governor, "and his decision [was] conclusive as to the result."[51] Were the votes fair and regular? The Virginia Assembly, Miller noted, made only "indefinite and vague" allegations about vote fraud, and unspecified charges that somehow, Governor Pierpont must have been "misled and deceived" by others into believing the voting was fair and regular.[51] Miller pointedly observed that not a single person was charged with fraud, no specific act of fraud was stated, and no legal wrongs asserted.[51] The Virginia Assembly also did not claim that West Virginia had interfered in the elections.[51] Absent such allegations, Virginia's accusations cannot be sustained, Miller concluded. However, even if that aspect of Virginia's argument was ignored, Miller wrote, the Reorganized legislature had delegated all its power to certify to the election to Governor Pierpont, and he had certified it. That alone laid to rest Virginia's allegations.[52] "[She] must be bound by what she had done. She can have no right, years after all this has been settled, to come into a court of chancery to charge that her own conduct has been a wrong and a fraud; that her own subordinate agents have misled her governor, and that her solemn act transferring these counties shall be set aside, against the will of the State of West Virginia, and without consulting the wishes of the people of those counties."[53]
Davis concluded that Congress had never given its consent to the transfer of Berkeley and Jefferson Counties to West Virginia.[53] By the time that Congress did so, on March 10, 1866, the Legislature of Virginia had already withdrawn its consent to the transfer of the two counties.[53]
Davis disagreed with the majority's view that Congress had consented to the transfer of the two counties by debating the proposed West Virginia constitution. There was nothing in the debates to ever suggest that, Davis wrote.[54] Congress agreed to that the two counties should be offered the chance to join West Virginia by the time of the new state's admission to union with the United States.[54] The conditions had not been met by the time of admission and thus no transfer could be constitutionally made.[54] Congress had not agreed to additional legislative acts of transfer and thus they could not be made without Virginia's assent, which had since been withdrawn.[54]
When Virginia v. West Virginia first came to the Supreme Court in 1867, there were only eight Justices on the bench because of the death of Justice James Moore Wayne on July 5, 1867. The Court would not have nine Justices again until the resignation of Justice Robert Cooper Grier on January 31, 1870 and that year's confirmation of Justices William Strong in February and Joseph P. Bradley in March. During those three years, the Supreme Court was divided 4-4 as to whether it had jurisdiction over the case.[55][56] Chief Justice Chase delayed taking up the case until a majority had emerged in favor of affirming the Court's original jurisdiction, rather than seeking a ruling on the issue.[55] The acceptance of original jurisdiction in that matter is now considered one of the most significant jurisdictional cases in Supreme Court history.[57]
It is noteworthy that former Associate Justice Benjamin Robbins Curtis argued unsuccessfully the case on behalf of Virginia before the Court.[57] Curtis, as an Associate Justice of the Supreme Court, had dissented from the holding in Dred Scott v. Sandford.
Many in Congress questioned both the legality of the Reorganized Virginia government and the constitutionality of the creation of West Virginia.[26][27] Many scholars since have questioned the democratic nature of the Second Wheeling Convention, the legal and moral legitimacy of the Reorganized Government, and the constitutionality of the creation of West Virginia.[58] However, most lengthy scholarly treatments of the issue assert the legality of the Reorganized government. In Luther v. Borden, 48 U.S. 1 (1849), the Supreme Court held that only the federal government could determine what constituted a "republican form of government" in a state, as provided for in the Guarantee Clause of Article Four of the United States Constitution.[59] Virginia was not alone in having two governments, one unionist, one rebel, with the union government recognized by the United States.[60] The Supreme Court had held in Luther v. Borden, "Under this article of the Constitution it rests with Congress to decide what government is the established one in a State."[61] As both the President and Congress had recognized the Reorganized government, that provision was met and so the entire process was legal.[15][62]
There were precedents for such action as well. As one legal scholar has noted, Michigan was admitted to the union after irregular elections for three unauthorized constitutional conventions led to a request for statehood being eventually granted by Congress in 1837.[63]Kansas despite undergoing a highly-irregular statehood process marked by violence, mass meetings masquerading as legislative assemblies, and allegations of vote fraud, but was also admitted to the union.[63] One widely-cited legal analysis concluded that "the process of West Virginia statehood was hyper-legal."[64] Indeed, denying the legality of the Reorganized government would create significant problems, two legal scholars have argued since it "follows, we submit, that 'Virginia' validly consented to the creation of West Virginia with its borders. Indeed, one can deny this conclusion only if one denies one of Lincoln's twin premises: the unlawfulness of secession; or the power of the national government, under the Guarantee Clause, to recognize alternative State governments created by loyal citizens in resistance to insurrectionary regimes that have taken over the usual governing machinery of their States."[65]
Although the US Supreme Court never ruled on the constitutionality of the state's creation, decisions such as those in Virginia v. West Virginia have led to a de facto recognition of the state that is now considered unassailable.[34][66][67] West Virginia's first constitution explicitly agreed to pay a portion of Virginia's debt in helping build roads, canals, railroads, and other public improvements in the new state. However, the debts were never paid, and Virginia sued to recover them. In the case, Virginia v. West Virginia, 220 U.S. 1 (1911), Virginia admitted in its briefings the legality of the secession of West Virginia.[68][69] A second constitutional question arises as to whether the Constitution permits states to be carved out of existing states, whether consent is given or not. Article IV, Section 3, Clause 1, of the US Constitution states:
States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.[70]
Should the phrase between the first and the second semicolons be read as absolutely barring the creation of a state within the jurisdiction of an existing state, or should it be read in conjunction with the following clause, which permits such creation with the consent of the existing state? If the former interpretation is adopted, not only West Virginia but also Kentucky, Maine, and possibly Vermont were also created unconstitutionally.[71]
Virginia v. West Virginia was also one of the first cases to establish the principle that Congress may give implied consent, which may be inferred from the context in which action was taken. It was not the first time the Court had so ruled (it had done so in Poole v. Fleeger, 36 U.S. 185, (1837) and Green v. Biddle, 21 U.S. 1 (1823)).[72] However, the statement in Virginia v. West Virginia is the one most cited by the court in its subsequent rulings in Virginia v. Tennessee, 148 U.S. 503 (1893); Wharton v. Wise, 153 U.S. 155 (1894); Arizona v. California, 292 U.S. 341 (1934); James v. Dravo Contracting Co., 302 U.S. 134 (1937); and De Veau v. Braisted, 363 U.S. 144 (1960).[73][74]
Related Research Articles
In the context of the American Civil War (1861–65), the border states were slave states that did not secede from the Union. They were Delaware, Maryland, Kentucky, and Missouri, and after 1863, the new state of West Virginia. To their north they bordered free states of the Union and all but Delaware bordered slave states of the Confederacy to their south.
The Constitutional Union Party was a United States third party active during the 1860 elections. It consisted of conservative former Whigs, largely from the Southern United States, who wanted to avoid secession over the slavery issue and refused to join either the Republican Party or the Democratic Party. The Constitutional Union Party campaigned on a simple platform "to recognize no political principle other than the Constitution of the country, the Union of the states, and the Enforcement of the Laws".
Francis Harrison Pierpont, called the "Father of West Virginia," was an American lawyer and politician who achieved prominence during the American Civil War. During the conflict's first two years, Pierpont served as Governor of the Restored Government of Virginia and, in this capacity, administered the part of Virginia then under Unionist control before West Virginia's admission to the Union as a separate state. After recognizing the creation of West Virginia, Pierpont continued to serve as Governor of the Restored Government. However, the degree of civil authority he could exercise was minimal for the remainder of the war. Having claimed to be the legitimate Governor of Virginia for the duration of the conflict, Pierpont assumed civil control of the state's entire post-1863 territory following the dissolution of the Confederacy and continued to serve as Governor during the early years of Reconstruction.
Alexander Hugh Holmes Stuart was a prominent Virginia lawyer and American political figure associated with several political parties. Stuart served in both houses of the Virginia General Assembly, as a U.S. Congressman (1841-1843), and as the Secretary of the Interior. Despite opposing Virginia's secession and holding no office after finishing his term in the Virginia Senate during the American Civil War, after the war he was denied a seat in Congress. Stuart led the Committee of Nine, which attempted to reverse the changes brought by Reconstruction. He also served as rector of the University of Virginia.
The 1861 Wheeling Convention was an assembly of Virginia Southern Unionist delegates from the northwestern counties of Virginia, aimed at repealing the Ordinance of Secession, which had been approved by referendum, subject to a vote.
The history of West Virginia stems from the 1861 Wheeling Convention, which was an assembly of northwestern Virginian Southern Unionists, who aimed to repeal the Ordinance of Secession that Virginia made during the American Civil War (1861–1865). It became one of two American states that formed during the American Civil War – the other being Nevada in 1864. It was the only state to form from another state during this time, splitting from Virginia. West Virginia was officially admitted as a U.S. state on June 20, 1863.
Waitman Thomas Willey was an American lawyer and politician from Morgantown, West Virginia. One of the founders of the state of West Virginia during the American Civil War, he served in the United States Senate representing first the Restored Government of Virginia and became one of the new state of West Virginia's first two senators. He is one of only two people in U.S. History to represent more than one state in the U.S. Senate, the other being James Shields.
John Snyder Carlile was an American merchant, lawyer, slaveowner and politician, including a United States senator. A strong supporter of the Union cause during the American Civil War, he represented the loyalist faction of Virginia, which was eventually separated into two distinct states.
The Virginia Conventions have been the assemblies of delegates elected for the purpose of establishing constitutions of fundamental law for the Commonwealth of Virginia superior to General Assembly legislation. Their constitutions and subsequent amendments span four centuries across the territory of modern-day Virginia, West Virginia and Kentucky.
The U.S. state of West Virginia was formed out of western Virginia and added to the Union as a direct result of the American Civil War, in which it became the only modern state to have declared its independence from the Confederacy. In the summer of 1861, Union troops, which included a number of newly formed Western Virginia regiments, under General George McClellan, drove off Confederate troops under General Robert E. Lee. This essentially freed Unionists in the northwestern counties of Virginia to form a functioning government of their own as a result of the Wheeling Convention. Prior to the admission of West Virginia the government in Wheeling formally claimed jurisdiction over all of Virginia, although from its creation it was firmly committed to the formation of a separate state.
The American state of Virginia became a prominent part of the Confederacy when it joined during the American Civil War. As a Southern slave-holding state, Virginia held the state convention to deal with the secession crisis, and voted against secession on April 4, 1861. Opinion shifted after the Battle of Fort Sumter on April 12, and April 15, when U.S. President Abraham Lincoln called for troops from all states still in the Union to put down the rebellion. For all practical purposes, Virginia joined the Confederacy on April 17, though secession was not officially ratified until May 23. A Unionist government was established in Wheeling and the new state of West Virginia was created by an act of Congress from 50 counties of western Virginia, making it the only state to lose territory as a consequence of the war.
William Gay Brown Sr. was a nineteenth-century politician and lawyer from Virginia, who was twice elected to the Virginia General Assembly and thrice to the U.S. House of Representatives. He also served at the Virginia Constitutional Convention of 1850 and later opposed secession at the Virginia Secession Convention of 1861. A leading Unconditional Unionist during the American Civil War, he became one of the founders of West Virginia.
George Robert Latham was a 19th-century Virginia farmer, lawyer and politician who helped found the state of West Virginia during the American Civil War, during which he served as a colonel in the Union Army. He later served one term in the United States House of Representatives representing West Virginia's 2nd congressional district (1864-1866), as well as became U.S. Consul in Melbourne, Australia (1867-1870) before returning to West Virginia to farm and hold various civic offices.
Chester Dorman Hubbard was a two-term U.S. Representative from West Virginia, who previously served in the Virginia General Assembly and Virginia Secession Convention of 1861 before the American Civil War and who helped found the state of West Virginia.
The RestoredGovernment of Virginia was the Unionist government of Virginia during the American Civil War (1861–1865) in opposition to the government which had approved Virginia's seceding from the United States and joining the new Confederate States of America. Each state government regarded the other as illegitimate. The Restored Government attempted to assume de facto control of the Commonwealth's northwest with the help of the Union Army but was only partly successful. It raised Union regiments from local volunteers but depended upon recruits from Pennsylvania and Ohio to fulfill its commitments. It administered this territory until, with its approval, the area became part of West Virginia in mid-1863.
In the context of the United States, secession primarily refers to the voluntary withdrawal of one or more states from the Union that constitutes the United States; but may loosely refer to leaving a state or territory to form a separate territory or new state, or to the severing of an area from a city or county within a state. Advocates for secession are called disunionists by their contemporaries in various historical documents.
Virginia v. West Virginia, 220 U.S. 1 (1911), is a unanimous ruling by the Supreme Court of the United States which held that the state of West Virginia was bound by its constitution to pay one-third of the outstanding debt of the commonwealth of Virginia as of January 1, 1861. In its ruling, the Supreme Court concluded that the geographic narrowness of the port and road improvements made by Virginia were incurred by the people of the entire state and did not discharge West Virginia's duty to pay. The Court also held that Virginia's attempts to discharge its debts while its negotiations with West Virginia continued did not absolve West Virginia of its duty to pay. Although both states had already agreed on the amount to be paid, the Court ordered them to negotiate over interest computation.
Admission to the Union is provided by the Admissions Clause of the United States Constitution in Article IV, Section 3, Clause 1, which authorizes the United States Congress to admit new states into the Union beyond the thirteen states that already existed when the Constitution came into effect. The Constitution went into effect on June 21, 1788 in the nine states that had ratified it, and the U.S. federal government began operations under it on March 4, 1789, when it was in effect in 11 out of the 13 states. Since then, 37 states have been admitted into the Union. Each new state has been admitted on an equal footing with those already in existence.
The Virginia Secession Convention of 1861 was called in Richmond to determine whether Virginia would secede from the United States, govern the state during a state of emergency, and write a new Constitution for Virginia, which was subsequently voted down in a referendum under the Confederate Government.
References
↑ As one historian has noted: "[Southern soldiers] entered military service to defend rights that the Constitution bequeathed to them, the very same basis upon which their home states of Virginia and Alabama seceded from the Union: They acted to protect the institution of slavery. The Army of Northern Virginia fought for many reasons, but the events that led to its formation clarified the key factor of the Civil War: It was fought over slavery." Glatthaar, 2009, p. 10. James M. McPherson agrees: "The claim that [Lincoln's] call for troops was the cause of the upper South's decision to secede is misleading.... Scores of [pro-secession] demonstrations took place from April 12 to 14, before Lincoln issued his call for troops. Many conditional unionists were swept along by this powerful tide of southern nationalism; others were cowed into silence." McPherson, 1988, p. 278 (emphasis in original). See also Freehling, 2007, p. 511-513, 526 (discussing pro-secession majority in the Virginia secession convention prior to U.S. President Abraham Lincoln's call for troops).
↑ McGregor, The Disruption of Virginia, 1922, p. 206-223; Randall, Constitutional Problems Under Lincoln, 1951, p. 437-444, 453; Cohen, The Civil War in West Virginia: A Pictorial History, 1996, p. 7; Hoar, Constitutional Conventions: Their Nature, Powers, and Limitations, 1987, p. 22-24; Ebenroth and Kemner, "The Enduring Political Nature of Questions of State Succession and Secession and the Quest for Objective Standards," University of Pennsylvania Journal of International Economic Law, Fall 1996, p. 786; Donald, Lincoln, 1996, p. 300-301.
↑ Barnes, "Towards Equal Footing: Responding to the Perceived Constitutional, Legal and Practical Impediments to Statehood for the District of Columbia," University of the District of Columbia Law Review, Spring 2010, p. 18 n.138
↑ Ebenroth and Kemner, "The Enduring Political Nature of Questions of State Succession and Secession and the Quest for Objective Standards," University of Pennsylvania Journal of International Economic Law, Fall 1996, p. 786-787.
Barnes, Johnny. "Towards Equal Footing: Responding to the Perceived Constitutional, Legal and Practical Impediments to Statehood for the District of Columbia." University of the District of Columbia Law Review. 13:1 (Spring 2010).
Cohen, Stan. The Civil War in West Virginia: A Pictorial History. Charleston, W. Va.: Pictorial Histories Publishing Co., 1996.
Curry, Richard O. A House Divided, Statehood Politics & the Copperhead Movement in West Virginia, University of Pittsburgh Press, 1964.
Davis, William C. and Robertson, James I. Virginia at War. Lexington, Ky.: University Press of Kentucky, 2005.
Donald, David Herbert. Lincoln. Paperback ed. New York: Simon & Schuster, 1996.
Ebenroth, Carsten Thomas and Kemner, Matthew James. "The Enduring Political Nature of Questions of State Succession and Secession and the Quest for Objective Standards." University of Pennsylvania Journal of International Economic Law. 17:753 (Fall 1996).
Fairman, Charles (1987). Reconstruction and Reunion, 1864-88 (2nded.). New York: MacMillan.
Fenn, Charles T. (July 1996). "Supreme Court Justices: Arguing Before the Court After Resigning from the Bench". Georgetown Law Journal. 84: 2473.
Freehling, William W. The Road to Disunion: Secessionists Triumphant, 1854-1861. New York: Oxford University Press, 2007.
Glatthaar, Joseph T. General Lee's Army: From Victory to Collapse. New York: Simon and Schuster, 2009.
Gooden, Randall S. (8 December 2011). "Constitutional Convention of 1861–63". e-WV: The West Virginia Encyclopedia. Archived from the original on 2019-08-09. Retrieved 18 August 2019.{{cite web}}: CS1 maint: unfit URL (link)
Greve, Michael S. (Spring 2003). "Compacts, Cartels, and Congressional Consent". Missouri Law Review. 68: 285.
Hoar, Roger Sherman. Constitutional Conventions: Their Nature, Powers, and Limitations. Littleton, Colo.: F.B. Rothman, 1987.
Kogan, Lawrence A. (Spring 2008). "Symposium: The Extra-WTO Precautionary Principle: One European "Fashion" Export the United States Can Do Without". Temple Political & Civil Rights Law Review. 17: 491.
Lesser, W. Hunter. Rebels at the Gate: Lee and McClellan on the Front Line of a Nation Divided. Naperville, Ill.: Sourcebooks, 2004.
McGregor, James C. The Disruption of Virginia. New York: MacMillan Co., 1922.
"Note: To Form a More Perfect Union?: Federalism and Informal Interstate Cooperation". Harvard Law Review. 102 (4): 842–863. February 1989. doi:10.2307/1341307. JSTOR1341307.
Randall, James G. Constitutional Problems Under Lincoln. Rev. ed. Urbana, Ill.: University of Illinois Press, 1951.
Reynolds, William L. & Young, Gordon G. (October 1983). "Equal Divisions in the Supreme Court: History, Problems, and Proposals". North Carolina Law Review. 62: 29.
Rice, Otis K. & Brown, Stephen Wayne (1993). West Virginia: A History. Lexington, KY: University Press of Kentucky.
This page is based on this Wikipedia article Text is available under the CC BY-SA 4.0 license; additional terms may apply. Images, videos and audio are available under their respective licenses.
