April 21, 1863 - Lincoln Signs Proclamation Admitting West Virginia
As early as 1769, the people of western Virginia tried, unsuccessfully, to separate from the whole of Virginia. Settlers slowly made their way across the Allegheny Plateau barrier during the 18th century, establishing small farms without the use of slavery. Though the region became increasingly important to Richmond, the economic, political and social differences estranged the west from the east. Because slaves were counted in allotting representation, wealthy eastern planters dominated the Virginia legislature, and demands by western Virginians for lower taxes and infrastructure development were not met.
In 1860 the forty-eight western counties of Virginia comprised one-third of the population, one-fourth of the area of that slate, and almost all its mineral resources. The population of those counties in 1860 was 380,000. These counties strongly opposed secession when, by a vote of 88-55, the Virginia State Convention passed this ordinance on April 17, 1861.
The outraged citizens of the western counties of the state thereupon held two conventions in Wheeling, the first on May 13, and the second on June 11. At this second Wheeling Convention, the ordinance of secession was specifically repudiated, and all the existing offices of the state government functioning at .Richmond were declared vacated. A so-called "Restored Government" of Virginia on the basis of loyalty to the United States was established. Francis H. Pierpont was named Governor, while W. T. Willey and John S. Carlile were elected United States Senators.
A general referendum of the voters in the western counties, held on October 24, 1861, approved all that had been done at Wheeling thus far. It also indicated that the popular desire was ultimately to establish an entirely new state. A third convention was then convened in Wheeling between November, 1861 and February, 1862. At this convention a new constitution was written and the name, "West Virginia," was officially adopted.
In April, 1862, another referendum approved these actions by a vote of 18,862 to 514. On May 13, 1862, Governor Pierpont of the "Restored Government" of Virginia called his General Assembly into session, and this body promptly gave assent to the partition of the state and the formation of West Virginia.
Late in 1862, after a favorable vote of 23-15 in the Senate, and a similar vote by a margin of 95-66 in the House, a bill to admit West Virginia as a new state to the Union was sent to Lincoln's desk. However, Mr. Lincoln did not immediately sign it. Governor Pierpont telegraphed Lincoln on the 18th that a presidential veto would ". . . be death to our cause." Two days later, Pierpont telegraphed that ". . . great feeling exists . . . in reference to your delay in signing the bill for the new state."
The President asked his cabinet for help in evaluating the constitutionality of the admission. He wrote:
But is the admission into the Union, of West-Virginia, expedient. This, in my general view, is more a question for Congress, than for the Executive. Still I do not evade it. More than on anything else, it depends on whether the admission or rejection of the new state would under all the circumstances tend the more strongly to the restoration of the national authority throughout the Union. That which helps most in this direction is the most expedient at this time. Doubtless those in remaining Virginia would return to the Union, so to speak, less reluctantly without the division of the old state than with it; but I think we could not save as much in this quarter by rejecting the new state, as we should lose by it in West-Virginia. We can scarcely dispense with the aid of West-Virginia in this struggle; much less can we afford to have her against us, in congress and in the field. Her brave and good men regard her admission into the Union as a matter of life and death. They have been true to the Union under very severe trials. We have so acted as to justify their hopes; and we can not fully retain their confidence, and co-operation, if we seem to break faith with them. In fact, they could not do so much for us, if they would.
Again, the admission of the new state, turns that much slave soil to free; and thus, is a certain, and irrevocable encroachment upon the cause of the rebellion.
The division of a State is dreaded as a precedent. But a measure made expedient by a war, is no precedent for times of peace. It is said that the admission of West-Virginia, is secession, and tolerated only because it is our secession. Well, if we call it by that name, there is still difference enough between secession against the constitution, and secession in favor of the constitution.
I believe the admission of West-Virginia into the Union is expedient.
Mr. Lincoln's approval of the West Virginia statehood bill occurred on December 31, 1862. The next day, he signed the Emancipation Proclamation. For West Virginia, statehood was now conditioned upon the acceptance by the people of that state of the Willey Amendment to their own constitution. This provision specifically provided for gradual emancipation of the negroes of the state.
On February 17-18, 1863, a recalled session of the West Virginia Constitutional Convention unanimously approved the Willey phraseology. On March 26, 1863, the constitution with the Willey Amendment was submitted to the people of West Virginia for ratification. By the overwhelming vote of 27,749 to 572, the electorate approved the revised document.
Yeterday, on April 20, 1863, some 94 years after the western region of Virginia tried to separate from the eastern region, President Lincoln signed a proclamation admitting West Virginia as the 35th state of the United States, effective June 20, 1863.
By the President of the United States of America.
A Proclamation.
Whereas, by the Act of Congress approved the 31st. day of December, last, the State of West Virginia was declared to be one of the United States of America, and was admitted into the Union on an equal footing with the original States in all respects whatever, upon the condition that certain changes should be duly made in the proposed Constitution for that State;
And, whereas, proof of a compliance with that condition as required by the Second Section of the Act aforesaid, has been submitted to me;
Now, therefore, be it known, that I Abraham Lincoln, President of the United States, do, hereby, in pursuance of the Act of Congress aforesaid, declare and proclaim that the said act shall take effect and be in force, from and after sixty days from the date hereof.
In witness whereof, I have hereunto set my hand and caused the Seal of the United States to be affixed.
Done at the city of Washington, this twentieth day of April, in the year of our Lord one thousand eight hundred and sixty-three, and of the Independence of the United States the eighty-seventh.
By the President: ABRAHAM LINCOLN
WILLIAM H. SEWARD, Secretary of State.