Jun 21, 2008

West Virginia, Rogue State Formed Unlawfully

"It is said that the admission of West Virginia is secession, and tolerated only because it is our secession. "

-- Pres. Abraham Lincoln

I hold that there is, legally and constitutionally no such state in existence as the state of West Virginia and consequently no senators from such a state. My object is simply to raise a question to be put upon the record, and to have my name as a Senator recorded against the recognition of West Virginia as a state of the United States. I do not believe that the Old Dominion, like a polypus, can be separated into different segments, and each segment become a living constitutional organism in this node. The present state of West Virginia as it has been organized, and as it is seeking representation on the floor of the Senate, is a flagrant violation of the Constitution.

-- Senator Davis, Kentucky

It was West Virginia Day June 20th. The state was formed illegally by a minority insurrection 145 years ago. Beautiful state, but with an unlawfully formed government. This is lifted from West Virginia's own archives. History records the controversy.

"there is no evidence that the majority of people within the counties which were to compose the new state had ever given its assent to its formation."

Fruits of the Civil War, Old Dominion Virginia was ripped in half. Virginia has never officially recognized the rogue state of West Virginia in law. Lincoln himself called it merely expeditious , not legal.

Lincoln and Congress had no more authority to permit the state anymore than Bush could authorize West Pennsylvania or Northern California.

During the Civil War those who supported the Yankee Union position were called "anti-Virginians". State's rights was greatly trampled which the Constitution itself in the 10th amendment makes plain in order to restrain federal power--a power of an absolute and irresponsible majority (i.e. democracy). It's been rougher ever since in restraining the federal usurpation!

clipped from www.wvculture.org
Statehood for West Virginia: An Illegal Act?

The admission of West Virginia in the midst of a war was an unusual event in the history of our nation. The circumstances of its admission leaves doubt as to whether the granting of statehood to West Virginia had a basis in law.

Shortly thereafter, on May 23, 1861, the Secession Ordinance was ratified overwhelmingly by the people of Virginia. Only 20,373 Virginians voted to stay with the Union, while 125,950 cast votes to join the Confederacy.7

The question arises. Was this new government a sincere effort on the part of loyal Virginians, or was it a subterfuge to enable separatists to set up an entirely new state separate from the parent state?

Even after West Virginia was admitted to the Union, Senator Davis of Kentucky objected to seating its Senators in the upper house.

President Lincoln had doubts about the legality of admitting West Virginia to the Union.
admission of West Virginia is secession, and tolerated only because it is our secession