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Old 06-02-2019, 08:48 PM
JRDelirious is offline
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Join Date: Aug 1999
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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.
Originally Posted by Little Nemo View Post
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.
Add Kentucky, split also directly from being part of Virginia, and Maine, spun off directly from being part of Massachusetts, each with the respective assent of the parent commonwealth's legislature . So it is established that creating a state from whithin other can happen if you can get it to pass both in Congress, and in what Congress recognizes as that state's legislature.

Last edited by JRDelirious; 06-02-2019 at 08:53 PM.


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