West Virginia achieved statehood on June 20, 1863, becoming the only state formed by separating from another during the American Civil War. This historic split occurred when western Virginia counties remained loyal to the Union while Virginia voted to secede, leading to the creation of a new state through a series of conventions and legislative processes.

West Virginia achieved statehood on June 20, 1863, becoming the only state formed by separating from another during the American Civil War. This historic split occurred when western Virginia counties remained loyal to the Union while Virginia voted to secede, leading to the creation of a new state through a series of conventions and legislative processes.

During the tumultuous years of the American Civil War a unique event shaped the nation's map - the birth of West Virginia as the 35th state. The creation of this new state marked the first and only time a state formed by separating from another during the Civil War era.

West Virginia's path to statehood emerged from the deep political divisions between Virginia's eastern and western regions. While Virginia voted to secede from the Union in 1861 many western counties remained loyal to the federal government. This division ultimately led to West Virginia's formal admission to the Union on June 20 1863 following President Abraham Lincoln's approval of the statehood bill. The state's creation represented a significant shift in America's political landscape and demonstrated the complex nature of loyalty and identity during one of the nation's most challenging periods.

The Civil War Split Between Virginia and West Virginia

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The Civil War created a stark political divide in Virginia, leading to a geographic split between the eastern slaveholding regions and the western industrial counties. This division ultimately resulted in the formation of West Virginia as a separate state.

Virginia's Decision to Secede

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Virginia voted to secede from the Union on April 17, 1861, with 88 delegates supporting secession and 55 opposing. The state's decision aligned with other Southern states following the Confederate attack on Fort Sumter on April 12, 1861. Eastern Virginia's economic ties to slavery influenced their decision, as the region contained 490,865 enslaved individuals in 1860, representing 30.7% of the total population.

Virginia Secession VoteCount
For Secession88
Against Secession55
Total Delegates143

Western Counties Remain Loyal to the Union

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Western Virginia's counties rejected the state's secession through a series of actions:

  • Organized the Wheeling Convention on May 13, 1861
  • Declared the Restored Government of Virginia on June 19, 1861
  • Elected Francis H. Pierpont as provisional governor
  • Secured recognition from President Lincoln's administration
  • Maintained control of 48 western counties

The western region's industrial economy operated with minimal slave labor, employing only 18,371 enslaved people across all counties. Major industries included:

  • Coal mining operations
  • Salt production facilities
  • Railroad transportation networks
  • Manufacturing centers
  • Timber processing plants

The political separation reflected fundamental economic differences between Virginia's regions, with the western counties maintaining strong commercial connections to northern states through the Ohio River valley trade routes.

The Wheeling Conventions and State Formation

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The Wheeling Conventions marked critical steps in West Virginia's path to statehood. These gatherings established the framework for western Virginia's separation from the Confederate-aligned state government.

First Wheeling Convention of 1861

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The First Wheeling Convention convened on May 13, 1861, at Washington Hall with 429 delegates from 25 western Virginia counties. Delegates debated three options: supporting Virginia's secession, forming a new state, or creating a reorganized government loyal to the Union. The convention established a committee to coordinate resistance against Virginia's secession ordinance through organizing local militias and maintaining communication with federal authorities.

First Wheeling Convention Details
DateMay 13-15, 1861
LocationWashington Hall, Wheeling
Participating Counties25
Number of Delegates429
  • Establishing a provisional state legislature
  • Electing loyal representatives to the U.S. Congress
  • Creating a constitution committee
  • Implementing local government reforms
  • Organizing militia units loyal to the Union
Second Wheeling Convention Actions
Start DateJune 11, 1861
Governor SelectedFrancis H. Pierpont
Counties Represented32
Key DocumentDeclaration of the People of Virginia

West Virginia Statehood Process

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The path to West Virginia statehood required multiple legislative steps through a Constitutional Convention, federal approval processes, and significant amendments. The process spanned from late 1861 through mid-1863, involving complex legal maneuvers to establish the new state's government structure and address the slavery issue.

Constitutional Convention of 1861-1862

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The Constitutional Convention for West Virginia commenced on November 26, 1861, in Wheeling with 61 delegates representing 39 counties. The delegates drafted a constitution establishing a new state government, defining its boundaries and establishing basic civil rights. Key provisions included:

  • Creation of a bicameral legislature with a Senate and House of Delegates
  • Establishment of a three-branch government system
  • Implementation of free public education
  • Setting of property tax regulations
  • Definition of voter qualifications and election procedures

The convention concluded on February 18, 1862, with the proposed constitution receiving approval from the restored government of Virginia on May 13, 1862.

The Willey Amendment

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Senator Waitman T. Willey introduced a critical amendment to West Virginia's statehood bill in December 1862. The amendment included specific provisions:

  • Gradual emancipation of slaves born after July 4, 1863
  • Prohibition of entry of additional slaves into West Virginia
  • Freedom for all slaves under age 21 by July 4, 1863
  • Emancipation schedule for slaves based on age categories

The Willey Amendment satisfied Congress's concerns about slavery, leading to the approval of West Virginia's statehood application. President Lincoln signed the statehood bill on December 31, 1862, contingent on the state's acceptance of the amendment's terms.

Constitutional MilestoneDate
Convention StartNovember 26, 1861
Convention EndFebruary 18, 1862
Virginia ApprovalMay 13, 1862
Willey Amendment AdoptionDecember 1862
Presidential ApprovalDecember 31, 1862

President Lincoln's Role in West Virginia Statehood

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President Abraham Lincoln played a pivotal role in West Virginia's path to statehood through his careful consideration of constitutional issues and strategic political decisions. His involvement proved crucial in navigating the complex legal and moral questions surrounding the creation of a new state during the Civil War.

The Statehood Bill Debate

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Lincoln sought formal opinions from each cabinet member regarding West Virginia's statehood bill in December 1862. The cabinet split evenly on the issue, with Secretary of State William Seward supporting admission while Secretary of the Treasury Salmon Chase opposed it. Lincoln focused on three key constitutional questions:

  • The legitimacy of the Restored Government of Virginia
  • The constitutional requirement for state consent
  • The authority of Congress to admit a new state from an existing one during rebellion

Lincoln Signs the Admission Act

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On December 31, 1862, Lincoln signed the West Virginia statehood bill after drafting a detailed justification titled "Opinion on the Admission of West Virginia." His written analysis addressed:

Key Points in Lincoln's Decision
The Restored Government's authority to grant consent
The strategic military importance of West Virginia
The precedent for creating new states from existing ones
The constitutionality of admission during wartime

Lincoln's signature established a 60-day period for West Virginia to ratify the Willey Amendment before admission could take effect. The state completed this requirement on March 26, 1863, leading to Lincoln's final proclamation on April 20, 1863, which set West Virginia's admission date for June 20, 1863.

Official Admission as the 35th State

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West Virginia's formal admission to the Union marked a historic milestone in American history as the 35th state on June 20, 1863. The admission process culminated in a series of administrative transitions establishing the new state's government structure.

June 20, 1863 Proclamation

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President Lincoln's proclamation officially admitted West Virginia as the thirty-fifth state at 60 days after his April 20, 1863 declaration. The proclamation activated West Virginia's state constitution ratified on March 26, 1863 including the Willey Amendment's gradual emancipation provisions. Key territorial changes included:

CountiesNumberAction
Original Counties48Transferred from Virginia
Berkeley County1Added August 1863
Jefferson County1Added November 1863

Early State Government Formation

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Arthur I. Boreman became West Virginia's first governor through a statewide election on May 28, 1863. The state legislature conducted its first session in Wheeling's Linsly Institute building on June 20, 1863 with:

  • 20 state senators elected to represent 11 districts

  • 51 delegates chosen for the House of Delegates

  • 3 congressional representatives appointed to federal positions

  • 14 circuit court judges selected for judicial districts

  • A state supreme court with 3 justices

  • A state treasury department

  • A public education system

  • State tax collection protocols

  • Military recruitment procedures

Key Takeaways

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  • West Virginia was admitted as the 35th state on June 20, 1863, becoming the only state formed by separating from another during the Civil War
  • The split occurred when western Virginia counties remained loyal to the Union while Virginia voted to secede in 1861, leading to significant political and economic divisions
  • The Wheeling Conventions of 1861 were crucial in establishing the framework for West Virginia's statehood, with 429 delegates from 25 counties participating in the First Convention
  • President Abraham Lincoln played a vital role by signing the West Virginia statehood bill on December 31, 1862, after carefully considering constitutional issues
  • The Willey Amendment was essential for statehood approval, establishing gradual emancipation of slaves and prohibiting new slaves from entering West Virginia
  • Arthur I. Boreman became West Virginia's first governor following statehood, with the new state government officially forming on June 20, 1863

Conclusion

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West Virginia's journey to statehood stands as a remarkable chapter in American history. The state's formation during the Civil War reflected the complex dynamics of loyalty divided regions and political necessity. Through a series of strategic conventions legislative processes and constitutional amendments West Virginia emerged as the nation's 35th state on June 20 1863.

President Lincoln's decisive role and the implementation of the Willey Amendment helped shape West Virginia's identity as a free state. This historic split from Virginia created a unique legacy that continues to influence the state's character today establishing West Virginia as a testament to the nation's ability to adapt and evolve during its most challenging times.

FAQ

When did West Virginia become a state?

West Virginia became the 35th state on June 20, 1863, during the American Civil War. President Abraham Lincoln signed the statehood bill on December 31, 1862, and after a 60-day period for ratification of the Willey Amendment, the state was officially admitted to the Union.

Why did West Virginia separate from Virginia?

West Virginia separated due to political and economic differences with eastern Virginia during the Civil War. While Virginia voted to secede from the Union, the western counties remained loyal to the Union due to their industrial economy and minimal reliance on slavery, unlike eastern Virginia's plantation-based economy.

What were the Wheeling Conventions?

The Wheeling Conventions were two crucial meetings held in 1861 that paved the way for West Virginia's statehood. The First Convention (May 13-15) organized resistance against Virginia's secession, while the Second Convention (starting June 11) established the Restored Government of Virginia and selected Francis H. Pierpont as governor.

Who was West Virginia's first governor?

Arthur I. Boreman became West Virginia's first governor after winning a statewide election on May 28, 1863. He began his service when the state was officially admitted to the Union on June 20, 1863.

What was the Willey Amendment?

The Willey Amendment, introduced by Senator Waitman T. Willey in December 1862, was a critical addition to West Virginia's constitution that provided for gradual emancipation of slaves and restricted new slaves from entering the state. This amendment was key to gaining Congressional approval for statehood.

How many counties initially formed West Virginia?

West Virginia initially consisted of 48 counties that transferred from Virginia, with Berkeley and Jefferson counties joining later in 1863. These counties represented the western portion of Virginia that remained loyal to the Union during the Civil War.

What was President Lincoln's role in West Virginia's statehood?

President Lincoln played a crucial role by carefully considering the constitutional implications and ultimately approving West Virginia's statehood. He consulted his cabinet, addressed key constitutional questions, and signed the statehood bill despite a split cabinet decision.

How was West Virginia's government initially structured?

West Virginia established a three-branch government with a bicameral legislature consisting of 20 state senators and 51 delegates. The state also created a supreme court with three justices, circuit courts with 14 judges, and systems for education, taxation, and military recruitment.