On its face the formation of WV was arguably unconstitutional. However, because VA was in a state if rebellion, and a legislature pledging loyalty to the Union was formed and relocated to the western counties, arguably when those western countries petitioned that legitimate government in exile to secede from VA, their request was granted. I agree that it was quite the legal gymnastics of process and I'm still a 50/50 of whether or not I can agree with the reasoning... it works, but only barely.
There is no constitutional right for a state to secede (let alone unilaterally withdraw as Calhoun and the fire-eating rebels claimed), BUT arguably the right for states to let counties secede from their state is protected by the 10th Amendment. So VA letting those counties leave VA (but not the USA... after permission was granted by VA, the counties were technically territories of the USA), was constitutional... of course only if we accept the the legislature in the West claiming to be the legitimate VA government in exile.
As for the slave states, no state ever "left" the Union, despite what they claim. From 1860-1865 technically there were 11 (I'd also include KY as 12 because of their refusal to send the militia, holding a secession convention, and aiding rebel forces) states in open rebellion against the federal government and refusing to enforce the Constitution. There was no "reapplication" but rather legitimate state governments had to be reestablished under the rule of law in accordance with the Constitution, which after the 13th was ratified, required these states to write new constitutions acknowledging the abolition of slavery.
Then put down the "rebellion" and deal with the formation of another state after the rebellion. If rebellion is against the constitution two wrongs do not make a right.
I agree. The rebellion should be quashed. But our Resident and the federal government refuses to do it. Trump had all the power in the world to prevent it, just like Buchanan had all the power to crush the fireeaters in SC before their cancerous poison was allowed to spread... Jackson did it right destroying the Nullification Crisis in SC earlier. That was just a test run for 1860. Buchanan was willing to send an army to get the Mormons under control in Utah, but let the southern slavers run amok. Fast forward to 2020, and we saw a lot of the same, but at a much worse and wider level. Trump was POTUS. Lincoln wouldn't have put up with the shit that was allowed to go down...
On its face the formation of WV was arguably unconstitutional. However, because VA was in a state if rebellion, and a legislature pledging loyalty to the Union was formed and relocated to the western counties, arguably when those western countries petitioned that legitimate government in exile to secede from VA, their request was granted. I agree that it was quite the legal gymnastics of process and I'm still a 50/50 of whether or not I can agree with the reasoning... it works, but only barely.
There is no constitutional right for a state to secede (let alone unilaterally withdraw as Calhoun and the fire-eating rebels claimed), BUT arguably the right for states to let counties secede from their state is protected by the 10th Amendment. So VA letting those counties leave VA (but not the USA... after permission was granted by VA, the counties were technically territories of the USA), was constitutional... of course only if we accept the the legislature in the West claiming to be the legitimate VA government in exile.
As for the slave states, no state ever "left" the Union, despite what they claim. From 1860-1865 technically there were 11 (I'd also include KY as 12 because of their refusal to send the militia, holding a secession convention, and aiding rebel forces) states in open rebellion against the federal government and refusing to enforce the Constitution. There was no "reapplication" but rather legitimate state governments had to be reestablished under the rule of law in accordance with the Constitution, which after the 13th was ratified, required these states to write new constitutions acknowledging the abolition of slavery.
Then put down the "rebellion" and deal with the formation of another state after the rebellion. If rebellion is against the constitution two wrongs do not make a right.
I agree. The rebellion should be quashed. But our Resident and the federal government refuses to do it. Trump had all the power in the world to prevent it, just like Buchanan had all the power to crush the fireeaters in SC before their cancerous poison was allowed to spread... Jackson did it right destroying the Nullification Crisis in SC earlier. That was just a test run for 1860. Buchanan was willing to send an army to get the Mormons under control in Utah, but let the southern slavers run amok. Fast forward to 2020, and we saw a lot of the same, but at a much worse and wider level. Trump was POTUS. Lincoln wouldn't have put up with the shit that was allowed to go down...