West Virginia became a state in 1863 during the Civil War by separating from Virginia. Sounds simple, but it was a complex effort, unique in American history - due to 3 main factors: passionate motivation, slavery, and constitutional issues. Wood County leaders played a leading role.
MOTIVATION: In April 1861 the United States were no longer united. Eight states had passed an "Ordinance of Secession." Virginia was next on April 17. Delegates from northwestern Virginia wanted no part of it and voted 30-17 OPPOSING secession. A pro-Union letter written by Arthur Boreman to George Henderson of Henderson Hall explains why: “Why should we risk a new government in the south when we are already governed by the best constitution ever and God given freedoms which might disappear under a new government...” Western Virginians resisted being dragged into secession by wealthy eastern plantation owners.
Local opposition began before Virginia actually seceded. A mass meeting on January 1, 1861, chaired by Wood County legislator General John J. Jackson, passed the Parkersburg Resolves* protesting secession. Its main points were 1. Secession was unconstitutional and "fatal to the Union," 2. "Our grievances" could be resolved within the Union "under the constitution." 3. Our "national prosperity, happiness, and future security depend on preserving the Union..." After the Virginia secession vote, Jackson urged delegates: "We must return to our people and prepare to defend the Union..."Leaders quickly organized a convention in Wheeling to oppose secession.
Independence Hall at Wheeling, summer 1861 during Second Wheeling Convention for statehood. From West Virginia and Regional History Center.
SLAVERY: Northerners wanted to abolish slavery. But many West Virginians accepted or were indifferent to slavery; some were slave owners. For example, there were several plantations with slaves in Wood County. Ironically, some thought staying in the Union would preserve slavery since it was permitted then. One of the "grievances" mentioned in the Parkersburg Resolves was a "violation of the Constitutional rights of slaveholders" by the free states (certainly including Ohio). The "God given freedoms" mentioned by Arthur Boreman did not exist for slaves in the slaveholders' world view. The initial West Virginia constitution permitted slavery, though Congress wisely required a no-slavery clause.
CONSTITUTIONAL ISSUES: At the first Wheeling Convention on May 13, 1861, John Carlile, a fiery former politician and slave owner, urged immediate creation of a new state. Wood Countians Boreman and Jackson counseled a more careful approach. The challenge was that the U S Constitution required approval of the state of Virginia to create the new West Virginia. No way would Confederate Virginia approve that. No problem. The Second Wheeling Convention in June 1861, devised a solution: they declared the Confederate Virginia government illegal. They then established the “Restored Government of Virginia” in its place. Their reasoning was that since Virginia had abandoned its authority by seceding, a successor Union government could fill the void. Pretty convoluted, but clever. Fortunately, President Lincoln recognized this as the legitimate Virginia government – a crucial step.
Next the Second Wheeling Convention authorized creation of the new state, initially named Kanawha, on August 20, 1861. Voters overwhelmingly approved: 18,408 to 701. A Constitution for West Virginia was completed and ratified by voters on April 3, 1862. The Restored Virginia legislature gave the required constitutional consent on May 13. Then on to Congress. After 7 months of debate, the statehood bill passed on December 10. President Lincoln signed it on December 31, 1862. Statehood became official June 20, 1863. Arthur Boreman became the first governor.
Coat of arms of West Virginia. “Montoni Semper Liberi” means “Mountaineers are Always Free.”
WOOD COUNTY LEADERS played important roles in the statehood process.
General John J. Jackson, Wood County, Virginia legislator, was passionate about the Union cause. His oft-repeated motto was "Unfaltering devotion to the Union, the Constitution, and the enforcement of the laws." He chaired the January 1 meeting, spoke against secession in the Virginia legislature, and urged Western Virginia delegates to oppose secession. Yet despite his zeal for the Union, he urged caution and adherence to the constitution in planning the transition.
Arthur I. Boreman presided over the Second Wheeling Convention and served as first Governor of West Virginia.
George W. Henderson was a delegate to the first Wheeling Convention and later served in the legislature of the Restored Government of Virginia.
Businessman Peter G. Van Winkle was an influential moderate voice for statehood. He had a leading role at the Second Wheeling Convention and in drafting the Constitution for the new state. He served as one of the state's first two U. S. Senators
CONFLICT AND CONTROVERSY: Statehood did not eliminate the conflicts on Union vs Confederacy. Sizable groups favored each. West Virginians served in both Union and Confederate armies. Tensions between families and friends persisted for years.
Historians and legal scholars have debated the legality of WV statehood on several points, such as:
The Wheeling Conventions were not legally constituted bodies, and its delegates were not elected.
Elections on statehood issues did not always include all eligible voters, especially in counties under Confederate control.
The Restored Government of Virginia concept had no legal precedent.
For one discussion of these issues, click
here. The legality of the statehood process was ultimately validated by the Supreme Court decision in Virginia v. West Virginia in 1871.
West Virginia, born in conflict and uncertainty, survived and thrived.
*Click
here for full text of the Parkersburg Resolves.
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