Rogue State

The Unconstitutional Process of Establishing West Virginia Statehood

Nonfiction, History, Americas, United States, State & Local, 19th Century
Cover of the book Rogue State by Richard H. Owens, UPA
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Author: Richard H. Owens ISBN: 9780761859772
Publisher: UPA Publication: June 20, 2013
Imprint: UPA Language: English
Author: Richard H. Owens
ISBN: 9780761859772
Publisher: UPA
Publication: June 20, 2013
Imprint: UPA
Language: English

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.

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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.

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