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Old 06-02-2019, 12:29 PM
Little Nemo is offline
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Join Date: Dec 1999
Location: Western New York
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Quote:
Originally Posted by UltraVires View Post
I see what you are saying, but that also seems like a hypertextual reading of that clause. Also it belies experience as West Virginia was formed entirely from Virginia.
That was obviously a special case. The legal position is that West Virginia was formed with the consent of Virginia. Of course at the time most Virginian legislators didn't show up at the convention in Wheeling where West Virginian statehood was under discussion; they were gathered in Richmond. But the legislators who chose to show up in Wheeling were deemed to be the legal government of Virginia and they voted to split the state in half and form a new state.

A few years later, when the rest of Virginia was being readmitted to its regular status in the United States, they voted to retroactively consent to the formation of West Virginia.