Thread by @IJSanders

1. This week’s edition of #50Weeks50Constitutions explores the unique constitutional history of a state that actually might be unconstitutional: That’s right! This week we explore the constitutions of the #MountainState, West Virginia.

prologue.blogs.archives.gov/2010/11/08/is-…

2. West Virginia was originally a part of Virginia, and subject to VA’s first three constitutions, but geographic tensions existed, especially in terms of apportionment, taxation, and voting. Check here for a refresher on Virginia’s constitutions:

https://twitter.com/IJSanders/status/1179052520183713792

3. Before the Declaration of Independence there was a discussion of adding a 14th Colony of Vandalia. This colony would have covered much more land than what is now West Virginia, but this movement did not succeed.

wvculture.org/history/journa…

4. After the Declaration there was a petition to create a state of Westsylvania, which again floundered. This proposed state stretched from Pittsburgh to the border of Tennessee and would have included parts of Pennsylvania, Kentucky, and Maryland.

appalachianmagazine.com/2019/01/25/wes…

5. This continued desire to create a separate state and the tensions over voting rights (a desire for universal male suffrage) and apportionment boiled over when Virginia seceded from the union. Several counties from the North and West decided to set up a new government.

6. This “new” government became the “real” government of Virginia. This new Virginia government gave its consent to West Virginia to secede. Delegates were elected, a convention was convened, and a constitution was drafted.

7. West Virginia might not even be constitutional for two reasons. First, Virginia may not have actually given its consent to the secession. Second, a state might be unable to be made solely out of another state.

ij.org/cje-post/the-a…

8. The convention met first in November 1861. The delegates were pretty religious with 8 of the 61 delegates being ordained ministers. The boundaries and the name of the state were the two most complicated questions, and both were the first business of the convention.

9. The delegates used the previous Virginia constitutions as their model, and changes were made in line with the longstanding debates. The franchise was granted to all white men who could now vote in secret. And both houses of the WV leg were apportion based on population.

10. The Bill of Rights was generally kept the same. The most drastic changes were to the general philosophical language about the people being the source of all political power and the like, although this language was readopted in a subsequent version.

11. The West Virginia Constitution prohibited any new slave or free person of color from being brought into the state to become a resident. This caused problems in Congress after it was transmitted in 1862 once approved by the people.

12. Congress only approved the Constitution on the condition that West Virginia amend the slavery provision to prohibit the bringing of new slaves into the state and to provide for the gradual freedom of the children of slaves, including those already born.

13. The voters agreed to these changes and West Virginia officially became a state in June 1863. But this Constitution did not last long. There was a power struggle in the state after the Civil War ended because of the pervasive use of loyalty split the newly formed state.

14. With the enactment of the 15th Amendment, power shifted in the state and Democrats regained power. They proposed a new constitutional convention as most were not a part of the original convention. The people approved and the convention convened in January 1872.

15. Those previously loyal to the confederacy dominated the convention with only 12 of 78 delegates being unionist Democrats or Republicans. But for all the radical talk, they did little more than tinker with the substantive provisions of the 1863 Constitution.

16. This Constitution forbade all political and religious tests and oaths as a prerequisite for office holding or the exercise of civil rights, a response to the loyalty oaths required after the war. People were also given the choice to vote by secret ballot or by a voice vote.

17. The governor’s term was increased from 2 to 4 years, but he was prohibited from succeeding himself. They also switched to biannual (rather than annual) elections—but that didn’t stick.

18. The West Virginia Constitution of 1872 is still operative. It has only been amended over 70 times. The West Virginia legislature submitted a plan for a new convention to the voters in the 1960s, but the apportionment of delegates rendered the plan unconstitutional.

19. West Virginia has continued to amend its constitution throughout the years but another convention does not seem to be in the cards. But maybe that will change if some Virginia counties take up the offer to join West Virginia?

washingtonpost.com/dc-md-va/2020/…

20. Sources for this week’s edition of #50Weeks50Constitutions:

books.google.li/books?id=35VpA…; books.google.li/books/about/Th…; wvculture.org/history/stateh…; jstor.org/stable/pdf/348…; wvculture.org/history/govern…