The other shall be called the senate, and consist of fifty members, for the election of whom, the counties, cities and towns shall be divided into fifty districts. West virginias constitution, 35th state fast facts. Jacob was born near romney, hampshire county, the first of west virginias governors born within the presentday borders of the state. Since through divine providence we enjoy the blessings of civil, political and religious liberty, we, the people of west virginia, in and through the provisions of this constitution, reaffirm our faith in and constant reliance upon god and seek diligently to promote, preserve and perpetuate good government in the state of west virginia for the common. For an area that is so small, west virginia has a wide variety or natural resources including mineral deposits, timber, abundant rainfall and a very scenic landscape. On april 20, 1863, president abraham lincoln signed a proclamation, effective in sixty days, admitting west virginia into the union as the 35 th state. Sims index to land grants in virginaiwest virginia. Oct 24, 2019 the federal government later recognized west virginia as a state on june 20, 1863, while at the same time virginia, one of the original signers to the constitution, remained in rebellion. Officers of the state were chosen and the governor moved his capitol to alexandria where he not only administered west virginia but all area of virginia that were under federal control as well. West virginia ratified the amended constitution march 26, 1863.
The constitution of west virginia ratified in 1872 table of. The constitution of the united states, and the laws and treaties made in. It is bordered by pennsylvania to the north, maryland to the east and northeast, virginia to the southeast, kentucky to the southwest, and ohio to the northwest. Morgan county va 1820 1863 berkeley co, wv 1866 1870 morgan county, wv 1864 1870. West virginia has had two constitutions, one ratified in 1863 and a second in 1872. And such parts of the said beds, banks and shores as lie opposite, and adjoining several counties of this state, shall form parts of said several counties respectively. Constitution of the state of west virginia, november 26, 1861. On march 26, 1863, west virginia ratified the revised constitution to include the gradual emancipation of slaves. The writing of a constitution was an essential step toward the creation of the new state. As the first of six consecutive democratic governors, jacob supported the elimination of all remaining legislation that discriminated against. Cleckley west virginia supreme court of appeals short constitutional history from statehood and the 1863 constitution.
West virginia became the 35th state following the wheeling conventions that eventually enabled the state to break away from virginia during the american civil war. Nov 08, 2010 under the banner of the restored government of virginia that union virginian government then created their own constitution and applied for statehood, eventually becoming west virginia in 1863. The first was adopted in 1776, the second in 1830, the third in 1851, the fourth in 1863, the fifth in 1872. West virginia legislature rejects proposal to admit women to wvu time trail creation of the mothers pension fund time trail womens legal rights in west virginia, 1863 1984 by donna j. The constitution of west virginia ratified in 1872 table. The area now known as west virginia was a favorite hunting ground of numerous native american peoples before the arrival of european settlers. Virginia signed its first constitution in 1776 upon the signing of the declaration of independence. Coal, natural gas, petroleum, brine and rock salt, limestone, sand, clay, sandstone and shale are some of the states mineral resources. Arcadia publishing has released a new title, on this day in west virginia civil war history. Guide for west virginia government information guide for. Article i of the west virginia constitution is entitled relations to the u. West virginia became a state in 1863, following its separation from the commonwealth of virginia brought on, ultimately, by the civil war.
West virginia has had two constitutions, one ratified in 1863 and a second in. Delegates tackled some surprisingly quarrelsome issues, such as the new states name and which counties to include. The countys records in this database cover the years 1863 through 1900. The constitution of west virginia is the basic governing document for the state of west virginia. Jul 27, 2019 confederate forces occupied a portion of west virginia during the war, but west virginian statehood was nonetheless approved in a referendum and a state constitution drawn up. In 1871, west virginia voters approved this amendment to the state constitution that removed voting restrictions on former confederate males.
West virginia constitution west virginia legislature. Article xiii of the west virginia constitution is entitled land titles and. Below them are two rifles with a liberty cap on top the. The records, books, papers, seals and other property and appurtenances of the former circuit and county courts, within the state of west virginia, shall be transferred to, and remain in, the care and custody of the circuit courts of the respective counties, to which all process outstanding at the time this constitution goes into operation shall. It was originally part of the british virginia colony 16071776 and the western part of the state of virginia 17761863, whose population became sharply divided over the issue of secession from the union. Amended constitution of west virginia internet archive. But soon after the civil war concluded, questions started popping up about west virginias unusual path to statehood. The west virginia constitution was ratified in 1872, replacing the state constitution created in 1863 when west virginia became a state. This first non republican regime since statehood immediately set out to undo the yankee constitution of 1863. Chapter vii constitutional history hampshire county wv. Each county, city and town of the respective district, at the time of the first election of delegates under this constitution, shall vote for one.
In 1880, the west virginia legislature rewrote the. West virginia is a state located in the appalachian region of the southern. Research constitution of west virginia 1863 ohio county library. In 1868, he was elected to the west virginia house of delegates. The new state of west virginia west virginia department. The executive branch of west virginia state government is headed by the governor as chief executive and includes five other elected officers. Whereas, by the constitution for the state of west virginia, ratified by the people. Historian richard curry in his 1964 book, a house divided. West virginia archives and history government and politics. The constitution of west virginia ratified in 1872. During its history, five state constitutions have governed west virginia. On this day, west virginia starts controversial statehood. West virginia is one of two american states formed during the american civil war 18611865, along with nevada, and is the only state to form by seceding from a confederate state.
Reproduction amended constitution of west virginia. After the civil war, when confederate virginia reentered the union, it sued west virginia claiming that parts of its territory rightfully. The 1863 constitution was drafted at a convention held in wheeling between november 26, 1861, and february 18, 1862. First constitutional convention of west virginia 1861 1863 november 26, 1861 november 27, 1861 november 29, 1861 november 30, 1861 december 2, 1861 december 3, 1861. All of the territory of west virginia was taken from the commonwealth of virginia, and in the constitution of 1863 fortyfour of the abovenamed. West virginia state history information links symbols capital. List of governors of west virginia simple english wikipedia. Diss debar, a local artist and political figure, to design a state seal. Governors, biographies governors, inaugural addresses arthur boreman elected as wv s first governor time trail.
Formation of the state, however, had required some creative legal. The west virginia constitution oxford commentaries. It was then submitted to the voters of west virginia, who, on april 3, overwhelming approved the constitution, 18,862 to 514. Constitution of the state of west virginia, november 26. On march 26, west virginias first constitution was overwhelmingly ratified by the voters, by a majority of 28,321 to 572.
Our current constitution is an amended version of the 1971 constitution. West virginia legislature rejects proposal to admit women to wvu time trail creation of the mothers pension fund time trail womens legal rights in west virginia, 18631984 by donna j. Apr 14, 2011 on april 20, 1863 president lincoln issued a proclamation proclaiming that west virginia will become a state after 60 days june 20, 1863. The governor of west virginia is the head of the executive branch of west virginias state government and the commanderinchief of the states military forces. The new constitution was approved in a unanimous vote by the delegates on february 18, 1862. After what is now west virginia broke away from virginia in the midst of the civil war and was admitted to the union as a separate state in 1863, a committee of the state legislature commissioned joseph h. Delegates from the unionist counties of northwestern virginia decided to break away from virginia, which also included secessionist counties in the new state. On june 20, 1863, west virginia became the thirtyfifth state in the union. The original constitution of 1863 stated that the executive department shall consist of a governor, secretary of state, superintendent of free. President lincoln proclaimed that west virginia would officially be recognized as a state on june 20, 1863. County court records located at middlebourne, west virginia. Virginia and west virginia boundary agreement of 1863 virginia law. Many ancient earthen mounds constructed by various mound builder cultures survive, especially in the areas of moundsville, south charleston, and romney. Cleckley west virginia supreme court of appeals short constitutional history from statehood and the 1863 constitution to the present.
West virginia was admitted to the union on june 20, 1863 and was the only state to form through secession from a confederate state. Governors, biographies governors, inaugural addresses arthur boreman elected as wvs first governor time trail. Jul 26, 2019 the constitution of the new state of west virginia was ratified on november 26, 1861. West virginia state history information links symbols. Mathews, under direction of the supreme court of appeals of west virginia. The governor has a duty to enforce state laws, and the power to either approve or veto bills passed by the west virginia legislature, to convene the legislature at any time, and, except when prosecution has been carried out by the. Since that time, there have been frequent amendments and six major revisions to the constitution. But when the west virginia legislature ratified the thirteenth amendment on february 3, 1865, it also passed. The present west virginia constitution was ratified in 1872. West virginia is the only state formed by seceding from a confederate state. Enlarge constitution of the state of west virginia, november 26, 1861. Debates and proceedings of the first constitutional. The land grants listed herein were made by lord fairfax prior to the creation of the virginia land office. Jul 26, 2019 the house approved the bill in december.
On march 26, 1863, voters overwhelmingly approved the first west virginia constitution, which had been nearly a yearandahalf in the making. The original constitution of 1863 stated that the executive department shall consist of a governor, secretary of state, superintendent of free schools, auditor, treasurer and attorney general. Debates and proceedings of the first constitutional convention of west virginia 1861 1863 9781287344964. Debates and proceedings of the first constitutional convention of west virginia 1861 1863 edited by charles h. The west virginia constitution of 1863 left in lifetime slavery all of the enslaved people in western virginia who were then older than twentyfive. West virginia became a state following the wheeling conventions of 1861, at the start of the american civil war. The 1863 constitution was drafted at a convention held in. Lincoln signs proclamation admitting new state of west. The constitution would later be amended to include the gradual emancipation of slaves as required by congress to achieve statehood.
Article 9, section 8, of the west virginia constitution permits the creation of additional counties if a majority of citizens in the proposed new county vote for its creation and the new county has a minimum area of 400 square miles 1,036 km 2 and a. Article iii, west virginia constitution ballotpedia. The west virginia constitution oxford commentaries on the state constitutions of the united states 9780199778706. The territory now embraced in the state of west virginia has been governed under five state constitutions, three of virginia and two of west virginia. The state of west virginia shall be and remain one of the united states of america. Upshur county was formed in 1851 from randolph, lewis, and barbour counties. Coal, natural gas, petroleum, brine and rock salt, limestone, sand, clay, sandstone and shale are some of.
Loyalties were particular divided in this area, as virginia confederates lost their homes to the new state of west virginia, while those who supported the union welcomed statehood. No law abridging the freedom of speech, or of the press, shall be passed. First constitutional convention of west virginia 18611863 november 26, 1861 november 27, 1861 november 29, 1861 november 30, 1861 december 2, 1861 december 3, 1861 december 4, 1861 december 5, 1861 december 6, 1861 december 7, 1861 december 9, 1861. West virginia became a state in 1863, following its separation from the. The state has had two constitutions, the original that was ratified in 1863 and the current one that was initially adopted in 1872. The state of west virginia shall never be made defendant in any court of law or equity, except the state of west virginia, including any subdivision thereof, or any municipality therein, or any officer, agent, or employee thereof, may be made defendant in any garnishment or attachment proceeding, as garnishee or suggestee. Most of all, however, this book is a true exposition of the judicial interpretations of the west virginia constitution. The constitutional convention of 1872 and the resurrection of.
Debates and proceedings of the first constitutional convention of west virginia 18611863 edited by charles h. But when the west virginia legislature ratified the thirteenth amendment on february 3, 1865, it also passed a bill immediately abolishing slavery in the state. The legislature on february 23, 1871, called for a referendum on a proposal to hold a new constitutional convention. West virginias flag displays a rock containing the date june 20, 1863, the day west virginia became a state. Loyalties were particular divided in this area, as virginia confederates lost their homes to the new state of west virginia, while those who supported the union. Debates and proceedings of the first constitutional convention of west virginia february 12, 1863 in pursuance of proclamation issued by the schedule commissioners, issued january 14, 1863, the convention to frame a constitution for the proposed state of west virginia reassembled in the united states court room, in the custom house, in the city of wheeling, at the hour of eleven oclock a. Boreman of wood county, won election as the states first governor. The west virginia constitution gives the governor executive power, which is implemented in certain situations through executive orders. Debates and proceedings of the first constitutional convention of west virginia 18611863 9781287344964.
The constitutional debates had started at a convention in wheeling in november 1861. On march 26, 1863, west virginia ratified the revised constitution. The confederates remained in control of the greenbrier valley until after the creation of the new state in 1863. West virginia voters went to the polls on may 28, 1863, to elect their government officials.
344 1253 332 309 801 205 937 689 1047 498 1401 520 543 1314 815 1493 1191 998 281 196 778 461 1364 1101 772 463 1317 687 853 755 1041 558 316 1271 699 1370 585 1541 1015 44 254 167 1288 507 521 1314 752