In James Randall’s “Civil War and Reconstruction” of 1937 (DC Heath & Company), he writes that “In tracing the formation of West Virginia, the historian finds it necessary to go behind the printed histories, most of which follow a definite pattern and justify every step of the new-state movement as a triumph of Unionism and a vindication of popular rule . . . [but] the masses of archival and manuscript material that have come down to us reveal irregularities and extra-legal processes of such a nature that traditional conclusions will have to be abandoned.”
Randall writes further that “It is probable that, had war not supplied the impulse, no dismemberment of the State would have occurred,” and that a so-called ordinance from Wheeling on August 20, 1861, “was in reality the work of an active but limited group of seperationists in the counties near Pennsylvania and Maryland.” As the secessionists drew a map of their new “State,” the people within “had no opportunity, county by county, to determine whether they would adhere to Virginia, or join the new commonwealth” (pp. 329-330)
It is worth noting that the United States Constitution which Virginia ratified, stipulates in Article IV, Section 3: “. . . no new State shall be formed or erected within the Jurisdiction of any other State . . . without the Consent of the Legislature of the State concerned . . .”
Bernhard Thuersam, www.Circa1865.org
Lincoln Facilitates Western Virginia Secession
“Lincoln was not opposed to secession if it served his political purposes. This fact is proven when he orchestrated the secession of western Virginia from the rest of the State and set up a puppet government of the new State of West Virginia, in Alexandria, Virginia, right across the Potomac River from Washington, D.C.
His own attorney General, Edward Bates, believed that this act was unconstitutional, arguing the obvious – that States must first exist before being accepted into the Union. Neither the president or Congress had the constitutional authority to create States, for a truly free State can only be created by its people.
This was another patently undemocratic or dictatorial act that, once again, Lincoln rationalized in the name of “saving democracy.” Lincoln ignored the arguments of his attorney general as well as the words of the Constitution, but benefited in 1864 by additional electoral votes and congressional representation that was completely controlled by the Republican party in Washington, not the people of western Virginia.
Interestingly, the legislation establishing West Virginia allowed for the people of the new State to vote on a gradual emancipation program. This was Stephen Douglas’s position in the Lincoln-Douglas debates – that the new territories should be permitted to vote on whether or not they wanted slavery.”
(The Real Lincoln, A New Look at Abraham Lincoln, His Agenda and an Unnecessary War, Thomas J. DiLorenzo, Forum, 2002, excerpts pp. 148-149)