[PDF] Abraham Lincoln And The Constitutionality Of West Virginia Statehood eBook

Author : Richard H. Owens
Publisher : University Press of America
Page : 78 pages
File Size : 26,83 MB
Release : 2013-06-20
Category : History
ISBN : 0761859772

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Rogue State chronicles how West Virginia entered—and remains—in the Union under unconstitutional circumstances. Its severance from Virginia and reincorporation as a new state in 1863 occurred outside the bounds of constitutional legality. The United States government, while pledged to prevent the secession of eleven states from the Union, nevertheless condoned, abetted, supported, and ultimately affirmed secession of fifty counties without permission from Virginia. This unprecedented and unconstitutional process marks the only time in American history that a state was created and admitted to the Union outside the boundaries of the prescribed constitutional process. Lincoln’s attorney general even declared the process unconstitutional. Though secession was not permitted for states or parts of states by the U.S. Constitution, the U.S. government produced a façade of legality and constitutionality in 1863 to justify the secession of a part of one state to form another.

Author : Eric J. Wittenberg
Publisher : Savas Beatie
Page : 290 pages
File Size : 33,73 MB
Release : 2020-06-09
Category : History
ISBN : 1611215072

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A “thoroughly researched [and] historically enlightening” account of how the Commonwealth of Virginia split in two in the midst of war (Civil War News). “West Virginia was the child of the storm.” —Mountaineer historian and Civil War veteran Maj. Theodore F. Lang As the Civil War raged, the northwestern third of the Commonwealth of Virginia finally broke away in 1863 to form the Union’s 35th state. Seceding from Secession chronicles those events in an unprecedented study of the social, legal, military, and political factors that converged to bring about the birth of West Virginia. President Abraham Lincoln, an astute lawyer in his own right, played a critical role in birthing the new state. The constitutionality of the mechanism by which the new state would be created concerned the president, and he polled every member of his cabinet before signing the bill. Seceding from Secession includes a detailed discussion of the 1871 U.S. Supreme Court decision Virginia v. West Virginia, in which former Lincoln cabinet member Salmon Chase presided as chief justice over the court that decided the constitutionality of the momentous event. Grounded in a wide variety of sources and including a foreword by Frank J. Williams, former Chief Justice of the Rhode Island Supreme Court and Chairman Emeritus of the Lincoln Forum, this book is indispensable for anyone interested in American history.

Author : Adena Barnette
Publisher :
Page : 248 pages
File Size : 48,92 MB
Release : 2014
Category : West Virginia
ISBN :

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"This paper examines three events integral to West Virginia's story - the congressional debates of the West Virginia statehood bill, the opinions of Abraham Lincoln's Cabinet and his final determination on West Virginia statehood, and the 1871 Supreme Court case Virginia v. West Virginia, in which the court confirmed the constitutionality of West Virginia's creation and addition of new counties. By exploring these three events, readers will understand: the circumstances that led to West Virginia's creation, the constitutional arguments used to legally permit West Virginia to become the 35th state in the Union, and how the 1871 Supreme Court ruling in Virginia v. West Virginia confirmed these earlier constitutional questions"--Page 2-3.

Author : Bartow Adolphus Ulrich
Publisher :
Page : 446 pages
File Size : 49,5 MB
Release : 1916
Category : Constitutional law
ISBN :

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Unconnected items on the Civil War, Lincoln, and constitutional government.

Author : Russell Hoover Quynn
Publisher :
Page : 408 pages
File Size : 37,29 MB
Release : 1959
Category : Confederate States of America
ISBN :

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An earlier version of part three of this book was issued separately in 1956 under the title: A comparative study of the United States Constitution and the Constitution of the Confederate States of America.

Author : Robert M. Bastress
Publisher : Oxford University Press, USA
Page : 367 pages
File Size : 15,74 MB
Release : 2011
Category : Law
ISBN : 0199778701

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West Virginia became a state in 1863, following its separation from the commonwealth of Virginia brought on, ultimately, by the Civil War. During its history, five state constitutions have governed West Virginia: three as part of Virginia and then two following West Virginia's creation. In The West Virginia State Constitution, Robert M. Bastress provides a historical and legal analysis of each of West Virginia's five constitutions; from its statehood and first constitution in 1863 to the present. An article-by-article analytical commentary on the 1872 constitution and its amendments comprise most of the book, while a table of cases, bibliographical essay, and index complete this excellent research tool designed for anyone interested in West Virginia's constitutional history. Previously published by Greenwood, this title has been brought back in to circulation by Oxford University Press with new verve. Re-printed with standardization of content organization in order to facilitate research across the series, this title, as with all titles in the series, is set to join the dynamic revision cycle of The Oxford Commentaries on the State Constitutions of the United States. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

Author : Michael F. Conlin
Publisher : Cambridge University Press
Page : 351 pages
File Size : 12,21 MB
Release : 2019-07-18
Category : History
ISBN : 1108495273

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Demonstrates the crucial role that the Constitution played in the coming of the Civil War.