-1

There is a huge and interesting argument on whether it was legal for the States which became the Confederacy to leave the Union. I can see interesting points in both sides of this argument. I come down on the side saying it was legal for the Southern States to secede, even if it might have been a bad idea.

One thing I don't see addressed by people arguing that States could not secede is the issue of West Virginia. Prior to the Civil War West Virginia did not exist as a separate entity, it was simply a part of the State of Virginia. After the Civil War began, West Virginia broke away from Virginia and was a new state in the Union. Someone will correct me if I am wrong on this description.

My question is, IF West Virginia could leave Virginia, Why couldn't the various Confederate States leave the Federal Union ???

  • 1
    "Why could not...?" They could. And they did. However there were different opinions on this. And the question was decided by a war. – Alex Jun 29 at 0:46
  • 2
    My understanding is the US Constitution allows for the creation of new states, but does not have a mechanism to allow for secession. By splitting from Virginia, West Virginia became a new state, allowed within the Constitution & it also remained part of the USA - all within keeping of the US Constitution. – Fred Jun 29 at 0:51
  • 2
    @Fred Actually, Article 4, Section 3 of the Constitution states that "... no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress". – sempaiscuba Jun 29 at 1:50
  • My answer is based largely on the above comments by Pieter and Sempaiscuba, so, thanks to you both :) – Brian Z Jun 29 at 2:05
  • 1
    Welcome to History:Stack Exchange. Thank you for your question, but please consider revising it to be more in line with our community expectations. Like many other stacks, we expect questions to provide evidence of prior research. That helps us to understand the question, and avoids our repeating work you've already done. Our help center center, and other stacks provide additional resources to assist with revisions. – Mark C. Wallace Jun 29 at 10:00
5

According to the majority opinion of the Supreme Court in Virginia v. West Virginia, the Virginia Legislature gave explicit consent to have the election that resulted in the ultimate recognition of West Virginia as a separate state. The United States Congress also effectively approved statehood in it's review of the West Virginia constitution. The process therefore complied with Article 4, Section 3 of the Constitution which states that "... no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress."

In contrast, in Texas v. White the Supreme Court found that the Confederacy's claim of separation from the federal union was unilateral and not consented to by the other states and therefore invalid.

| improve this answer | |

Not the answer you're looking for? Browse other questions tagged or ask your own question.