— Ch. 1 · Formation And Legitimacy —
Restored Government of Virginia.
~6 min read · Ch. 1 of 7
In June 1861, the Second Wheeling Convention adopted a document titled A Declaration of the People of Virginia. This declaration declared that any substantial change to the state government required approval by the people themselves. The convention argued that the secession convention had been convened by the legislature rather than the populace. Therefore, all acts from that body were void. It pronounced the Ordinance of Secession illegal and claimed that officials who accepted it had vacated their offices. Francis Harrison Pierpont was elected governor by this group. He and other officers had not been elected by the general public but convened based on local petitions. Some members described themselves as more or less self-appointed. President Abraham Lincoln recognized this Restored Government as the legitimate authority for the entire Commonwealth of Virginia. Congress seated two senators and five representatives chosen by its legislature. Waitman T. Willey and John S. Carlile became U.S. Senators. Representatives included William G. Brown, Jacob B. Blair, Kellian V. Whaley, Charles H. Upton, and Joseph E. Segar. These men represented counties that would mostly become West Virginia or remained loyal to the Union.
Wheeling Administration Era
The Restored Government met in Wheeling during the early years of the conflict. Delegates began calling for a separate state which caused friction within the conventions. A key obstacle was the United States Constitution of 1787 forbidding new states without existing legislative consent. The government asserted its authority to grant such consent. A popular referendum in October 1861 called for creating the State of Kanawha from northwestern counties. Turnout disappointed state makers. Delegate Chapman J. Stuart noted that even a majority of people within the district never came to the polls. In a voting population of some 40,000 or 50,000 only 17,627 voted. Some voters were already serving in the Union army. Another vote on the 3rd of April 1862 approved a constitution for the renamed State of West Virginia. The legislature gave consent on the 13th of May 1862. President Lincoln signed the statehood bill into law on the 31st of December 1862. West Virginia became the 35th state on the 20th of June 1863. An additional star appeared on the American flag shortly after Independence Day.