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 Posted: Thu Nov 3rd, 2011 04:01 pm
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HankC
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Cogswell Pepperbox wrote: Also then, what was the legal footing, from a Federal point of view, for the secession of West Virginia from Virginia ?

In this case, the Pierpont government in Wheeling was recognized as the functioning Virginia state government.
 
It passed the Constitutional requirements for creating a new state from itself.
 
It certainly was a sham, but at least it was a legal sham ;)



 Posted: Thu Nov 3rd, 2011 09:18 pm
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MildMan
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Most of the time "legal" and "sham" are synonymous anyway.
l



 Posted: Fri Nov 4th, 2011 05:16 am
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Cogswell Pepperbox
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Thanks, Hank - after I posed that add-on, I refreshed my memory on that issue - but it's still very confusing - the Federal Congress recognized the State government in Wheeling as the legitimate State Government of Virgina, then gave permission to create another state withing that state (in accordance with the 1789 Constitution) ... but ... then what happened to the State Government of Virginia (according to the Federal Congress) ?

I've been slowly slogging thru the Federal Congressional Records from the 1870s, trying to uncover a primary source for the "re-admittance" question - almost all of the downloadable .pdf books available from gutenberg.org and google books are not OCR-scanned, so keyword searching is not possible ... I've got almost all of the paperwork that re-admits the Southern States, but I sure can't find the original argument that those States *had to* be re-admitted.

I feel sure it's in there some place, or maybe I'm looking up the wrong tree. I was really hoping that some one here would know right off the top of their heads; it's a question that's been bothering me for about 10 years, since I first thought of it. On the surface, it seems too silly & simple a thing - "If the Southern States did not legally secede from the Union, why were they required to be re-admitted ?"

So I've always assumed I'm missing something here ...



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