The 1861 Wheeling Convention was an assembly of Virginia Southern Unionist delegates from the northwestern counties of Virginia, aimed at repealing the Ordinance of Secession , which had been approved by referendum, subject to a vote.
102-463: The first of its two meetings was held before the vote, and some were keen to preempt ratification. But most preferred to elect delegates for a second meeting, should the vote go against them. When it did, the assembly formed its own Restored Government of Virginia , recognized by the Federal government, and empowered to authorize the creation of a new state of West Virginia . The First Wheeling Convention
204-807: A state government in the United States of America and under the Constitution of the United States." Counties adhering to the Confederate cause either did not send representatives or were not entitled to seats. Among the more prominent not to send a delegate to the Wheeling Convention was Greenbrier County . Delegate Mason Mathews from Greenbrier County instead attended the Virginia General Assembly in Confederate Richmond . Many of
306-574: A debate ensued over which delegates should be allowed to participate in the Convention: Gen. John Jay Jackson of Wood County suggested seating all northwestern Virginians, but John S. Carlile insisted that only those who had been legitimately appointed by their constituencies be allowed to participate. Chester D. Hubbard of Ohio County ended the debate by proposing the creation of a committee on representation and permanent organization. Some, including Jackson, argued that preemptive action against
408-400: A fact committed, or to seize any person or persons not named, or whose offense is not particularly described and supported by evidence, are grievous and oppressive and ought not to be granted. Section 11. That in controversies respecting property, and in suits between man and man, the ancient trial by jury is preferable to any other and ought to be held sacred. Section 12. That the freedom of
510-650: A free press. Virginia's western counties cited the Declaration of Rights as a justification for rejecting the state's Ordinance of Secession before the American Civil War . The delegates to the Wheeling Convention argued that under the Declaration of Rights, any change in the form of government had to be approved by a referendum. Since the Secession Convention had not been convened by a referendum,
612-455: A majority of the community hath an indubitable, unalienable, and indefeasible right to reform, alter or abolish it, in such manner as shall be judged most conducive to the public weal ." Article 4 asserts the equality of all citizens, rejecting the notion of privileged political classes or hereditary offices – another criticism of British institutions such as the House of Lords and the privileges of
714-631: A new Virginia constitution in 1864 by declaration (rather than by popular vote as delegate John Hawxhurst of Fairfax County, Virginia had advocated). It recognized the creation of West Virginia, abolished slavery, and disqualified supporters of the Confederacy from voting. The constitution was effective only in the Union-controlled areas of Virginia: several northern Virginia counties, the Norfolk / Portsmouth / Hampton areas around Hampton Roads, and
816-625: A person against "being deprived of his liberty except by the law of the land " which later evolved into the due process clause in the federal Bill of Rights. Article 12 is the first ever codification of the right to a free press and was an important precursor to the First Amendment to the United States Constitution . The following is the complete text of the Virginia Declaration of Rights: A DECLARATION OF RIGHTS made by
918-646: A section of country where inhabitants are often compelled to expressions of apparent sympathy) arrested on frivolous charges, to be supported by the General Government and endure a long confinement." In counties which the Restored Government controlled, or partially controlled, officials such as sheriffs and judges were replaced by supporters of the Pierpont government, and it was the practice of Confederate forces to arrest such officials when encountered, as in
1020-766: A separate document from the Constitution of Virginia which was later adopted on June 29, 1776. In 1830, the Declaration of Rights was incorporated within the Virginia State Constitution as Article I, but even before that Virginia's Declaration of Rights stated that it was '"the basis and foundation of government" in Virginia. A slightly updated version may still be seen in Virginia's Constitution, making it legally in effect to this day. Ten articles were initially drafted by George Mason c. May 20–26 , 1776; three other articles were added in committee, seen in
1122-543: A similar plan during the First Convention, persuaded the delegates that constitutional restrictions made it necessary for the formation of a loyal government of Virginia, whose legislature could then give permission for the creation of a new state. John S. Carlile , who had represented transmontane Harrison County as an Unconditional Unionist at the Richmond Secession Convention, was the floor leader at
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#17328448592691224-548: A speedy trial by an impartial jury of twelve men of his vicinage, without whose unanimous consent he cannot be found guilty; nor can he be compelled to give evidence against himself; that no man be deprived of his liberty except by the law of the land or the judgment of his peers. Section 9. That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Section 10. That general warrants, whereby an officer or messenger may be commanded to search suspected places without evidence of
1326-481: Is a fact that within the boundaries proposed by the report of the majority of the Committee, you cannot now have a fair and full expression of one-fourth of the people upon any subject." The various polls which took place under the aegis of the Restored Government were not for the "qualified voters of Virginia" as they were before the start of the war, the definition of "qualified" now referred to those who supported both
1428-450: Is the result sir, of mature deliberation, concocted in treason, for the express purpose of breaking up constitutional liberty in this country... The plot was one that was conceived in perjury at Washington, and carried out by falsehood throughout the country, attended by coercion, intimidation, insult and a reign of terror, which was equally concerted throughout Virginia, as well as in the other Southern States." Carlile then recounted events at
1530-617: The 37th United States Congress was entirely made up of Unconditional Unionists. U.S. Senators elected were Waitman T. Willey and John S. Carlile . Representatives were seated from where delegates in the Richmond Convention of 1861 had voted to remain in the Union. They were the western 10th, William G. Brown , the 11th, Jacob B. Blair , and 12th, Kellian V. Whaley , in Congressional Districts of counties that would mostly become
1632-761: The Eastern Shore of the Chesapeake. On February 9, 1865 the legislature of the Restored Government voted for the adoption of the Thirteenth Amendment to the United States Constitution , which abolished slavery in the United States. After the fall of Richmond and the end of the Civil War in May 1865, the executive officers moved the government from Alexandria to Richmond, which the Restored Government had always considered to be its official capital. The government operating under
1734-424: The peerage : "no set of men, are entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which, not being descendible, neither ought the offices of magistrate, legislator, or judge be hereditary." Articles 5 and 6 recommend the principles of separation of powers and free elections, "frequent, certain, and regular" of executives and legislators: "That
1836-601: The 35th State of West Virginia , along with the 7th, Charles H. Upton , from Alexandria and Fairfax County , and the 1st, Joseph E. Segar in the Eastern Shore and Tidewater Peninsulas. Following the loss of its governance over the population of West Virginia, Congress in the 38th United States Congress did not seat either Senators elected by the Restored General Assembly, nor Representatives elected in truncated elections in Union-occupied areas of Virginia;
1938-628: The 35th state in the Union and an additional star was added to the American flag a few weeks later on Independence Day on the Fourth of July . The following table shows the legislature of the Restored Government. Some had been elected to the General Assembly in Richmond but refused to assume office there. Those counties marked with an * are still in Virginia. Legislators with a + after their names had been in
2040-534: The Commonwealth's new borders under the protection of the Union Army. The Restored Government therefore became a shadow government similar in many respects to the state governments loyal to the Confederacy that claimed Kentucky and Missouri ; however, unlike those governments, Virginia's Unionist government was never completely expelled from its claimed territory and thus did not become a government in exile . Until
2142-540: The Congress set as a condition for Virginia's readmission to Congress that it affirm in its 1869 Constitution that the authority by which the State of West Virginia was created out of Virginia territory had indeed been valid, thus giving its consent to the creation of West Virginia retroactively to 1863. Governor Lieutenant Governors Attorneys General Virginia Declaration of Rights The Virginia Declaration of Rights
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#17328448592692244-417: The Constitution of 1864 thereafter assumed civil authority for the entire Commonwealth of Virginia, until adoption of the Constitution of 1869. Some West Virginians expressed concern that once restored to the Union the government of Virginia might seek to challenge the validity of the authority the Restored Government possessed in consenting to West Virginia's admission to the Union. To alleviate these concerns,
2346-505: The Constitution of the United States and the laws made in pursuance thereof, as the supreme law of the land, anything in the Constitution and laws of the State of Virginia, or in the Ordinances of the Convention which assembled at Richmond on the 13th day of February, 1861, to the contrary notwithstanding; And that I will uphold and defend the government of Virginia as vindicated and restored by
2448-604: The Convention. However, his records for the convention were lost during an 1884 flood of Wheeling Island . Copies of the records were sought in Alexandria and Richmond but none were found. Virgil A. Lewis , State Historian of West Virginia, reconstructed them from daily records printed in the Wheeling Daily Intelligencer by Granville D. Hall , and published them as How West Virginia Was Made in 1909 (Hall having published The Rending of Virginia from his editing of
2550-657: The Conventions which assembled in Wheeling on the 11th Day of June, 1861". The "double oath" was used erratically in the early years of the war, those who refused to take it were sometimes arrested and sent to the Wheeling Atheneum, which had been converted to a prison, and sometimes to Camp Chase , a Federal prison in Columbus, Ohio. The Restored Government had enacted an ordinance on June 19, 1861, titled "An Ordinance to authorize
2652-590: The Counties I have named, a draft would be an operation of extreme difficulty...." Some delegates of the Wheeling conventions began calling for a separate state, which caused friction within the conventions and the Unionist government. A key obstacle to separate admission to the Union was that a provision in the United States Constitution of 1787 forbade the creation of new states out of existing ones without
2754-448: The Declaration while drafting the Bill of Rights (introduced September 1789, ratified 1791). The Virginia Declaration of Rights was one of the earliest documents to emphasize the protection of individual rights, rather than protecting only members of Parliament or consisting of simple laws that can be changed as easily as passed. For instance, it was the first declaration of rights to call for
2856-507: The English Bill of Rights. The Declaration consists of sixteen articles on the subject of which rights "pertain to [the people of Virginia] ... as the basis and foundation of Government." In addition to affirming the inherent nature of rights to life, liberty, property, and pursuing and obtaining happiness and safety, the Declaration both describes a view of Government as the servant of the people, and enumerates its separation of powers into
2958-416: The Federal government as well as the Restored Government. An oath was formulated and almost immediately implemented, called the "double oath", which required the foresworn to support both governments. This of course excluded those who supported the Richmond or Confederate governments, as well as Unionists who did not support the Pierpont government in Wheeling. "I, ________, solemnly swear that I will support
3060-529: The Jackson County militia, refused to organize as a Union militia. In the southern and eastern counties that became West Virginia the militias generally assembled on Letcher's call, many of them eventually entering Confederate service. The organization of the Union militia was not very effective and after the war Gov. Boreman called for a restructure of state militia. Following West Virginia's statehood in June 1863,
3162-463: The Ordinance of Secession before it was ratified was unwise. The Ordinance of Secession would not be presented to the citizens of Virginia for a vote until May 23. Others, including Carlile, insisted on immediate action to "show our loyalty to Virginia and the Union," and on May 14, he called for a resolution creating a state of New Virginia. Waitman T. Willey responded to Carlile's plan by saying that it
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3264-510: The Ordinance of Secession. A Second Wheeling Convention included 32 western counties, Alexandria and Fairfax County . Twenty-nine of the convention delegates were members of the Virginia General Assembly as state delegates or state senators, such as John J. Davis of Harrison County and Lewis Ruffner of Kanawha County . Arthur I. Boreman was selected to serve as president, and he declared, "We are determined to live under
3366-486: The Restored Government contained a large number of Pennsylvania and Ohio men who had not been accepted in their states' first call. The 2nd West Virginia Cavalry had originally been an Ohio regiment that had not been accepted by their state and chose to volunteer as "Virginians". Agents in Pennsylvania and Ohio were active in finding men for the Wheeling regiments. As the demand on those states for more men increased there
3468-497: The Restored Government of Virginia relinquished authority over the northwestern counties now forming the new 35th state, and thus lost most of its area not under Confederate military control. Pierpont then moved the Restored Government from Wheeling to Alexandria , effective August 26, 1863. Located in northeast Virginia proper, across the Potomac River from Washington , the city of Alexandria remained under Union control for most of
3570-431: The Restored Government would continue to assert its authority over the remainder of the Commonwealth and conduct whatever business it could. As had been (and continued to be) case with respect to dual representation in the Wheeling and Richmond assembles, several Virginia localities not claimed by West Virginia sent representatives to both the rival Alexandria and Richmond state legislatures. The Restored Government adopted
3672-468: The Richmond Secession Convention in which he had been an Unconditional Unionist. "For several days before the Convention passed the Ordinance of Secession, it was absolutely besieged; members were threatened with being hung to the lamp posts; their lives were jeopardized; the mob was marching up and down the streets, and surrounding the Capitol, and everything was terror and dismay." Carlile continued to impeach
3774-469: The Richmond and Wheeling governments. Many votes were taken outside their respective counties by refugees, and in some instances voting by soldiers was included in county returns. In 1861 the vote in favor of statehood credited to Hampshire County, for instance, was made almost entirely by non-resident soldiers. After 1861 soldier votes were often included in county returns, and the first West Virginia constitution of 1863 continued to allow it. On May 22, 1862,
3876-621: The Second Wheeling Convention of 1861 from counties in western and northern Virginia. The proceedings of the First Wheeling Convention were recorded by Judge Gibson Lamb Cranmer of Ohio County, Charles B. Waggener of Mason County, and Marshall M. Dent of Monongalia County. Judge Cranmer was also the Secretary of the Second Wheeling Convention and custodian of the manuscript proceedings, journals, and other documents of
3978-570: The Second Wheeling Convention who shepherded in the creation of the Restored Virginia Government. On June 14, he expanded on his view of state and federal relations: "the people of Virginia in establishing government for themselves deemed it best to create two agents. The Federal Government is one, and the State Government is the other..." Referencing Article VI of the U.S. Constitution, Carlile observed, "Any act done or performed by
4080-510: The State agent in conflict with the powers conferred upon the Federal agent is to be null and void. Thus it will be seen that within the powers conferred the federal agent is supreme, independent of, and above the State agent. Hence the doctrine of Mr. [Henry] Clay when he said: 'I owe a supreme allegiance to the Federal Government, a subordinate one to my own State.' That very instrument provides for its own alteration, amendment or change. On
4182-720: The State; and for that purpose have called to their aid like-minded persons from other States, who, in pursuance of such call, have invaded this Commonwealth ." But outside the few jurisdictions that Pierpont's government administered under Federal military and naval arms along the Potomac River and around the Hampton Roads harbor and along the Chesapeake Bay , control of the state was mostly in rebel Richmond, for instance, in collecting taxes. Furthermore, Federal military authorities consistently enforced martial law in those regions of
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4284-461: The U.S. Judge-Advocate General, Joseph Holt , to complain to the Secretary of War, Edwin Stanton , that Gov. Pierpont was interfering with the Federal prisoner exchange program and that he was transcending the ordinary police power "which he is authorized as Governor to exercise over rebels within his jurisdiction..." No actual violation of law was required for arrest, just the suspicion of disloyalty to
4386-407: The Union and Wheeling governments. Further laws were enacted requiring an oath of loyalty for anyone seeking a business license and applied as well to "Grand and Petit Jurors, to lawyers, doctors, dentists, ministers of the gospel, who desire to solemnize marriages, surgeons, and so forth.". There were some prominent Unionists, such as John Jay Jackson Sr. and Sherrard Clemens , who believed that
4488-485: The Wheeling government was not legitimate. Secessionists predictably denied both the Federal and Wheeling governments as illegitimate. The presence of these two groups was made apparent in the repeatedly low turnouts for the Restored government's initiatives. Sherrard Clemens urged his supporters to boycott the polls as a show of opposition to Wheeling and statehood. The breakdown of county governments crippled voting for both
4590-452: The adjacent national capital of Washington, D.C. The Restored Government adopted a new state constitution in 1864 abolishing slavery, and, the following year, ratified the Thirteenth Amendment to the United States Constitution . From its formation, the Restored Government claimed the state's antebellum capital of Richmond (which also became the Confederacy's national capital) as its own de jure capital city. It eventually moved there near
4692-522: The administration, legislature, and judiciary. Thus, the document is unusual in that it not only prescribes legal rights, but it also describes moral principles upon which a government should be run. The paper the Declaration is written on bears a watermark of the coat of arms of British king George III , possibly necessary to comply with the Stamp Act imposed on the American colonies. Articles 1–3 address
4794-405: The application of two-thirds of the principals creating it, amendments can be proposed to it and changes effected, which will become a part and parcel of the original act itself, when ratified by three-fourths of the principals through their legislatures or in their conventions assembled... But [the right of secession] was never intended..." On June 17, Carlile attacked the rebellion as treason: "it
4896-529: The apprehending of suspicious persons in time of war". A Union captain, investigating conditions at Camp Chase for Col. William Hoffman , reviewed the records of West Virginia civilian prisoners and reported- "Many others have been sent here under equally slight charges whose cases I will soon submit to you, at least copies of their official records as transmitted by him to Camp Chase, for I believe it cannot be your desire that this camp should be filled to overflowing with political prisoners (made by half depopulating
4998-489: The authority of the Unionist civilian government. The Restored Government had only executive and legislative branches; it did not form a judicial branch. It met in Wheeling , in the extreme northwestern corner of the state, until that became part of West Virginia. From August 26, 1863, until June, 1865, it met in Alexandria on the right bank of the Potomac River , which had been occupied by Union Army forces in 1861 to protect
5100-428: The case of the sheriff of Barbour County, who was arrested in 1862 by Gen. Imboden and sent to prison in Richmond. In December 1862 Pierpont asked the legislature in Wheeling for another law to allow for the arrest of private civilians for the express purpose of hostage taking, which was passed by the legislature on Feb. 4. The numerous arrests, particularly in the case of Judge George W. Thompson of Wheeling, prompted
5202-505: The civil power. Section 14. That the people have a right to uniform government; and, therefore, that no government separate from or independent of the government of Virginia ought to be erected or established within the limits thereof. Section 15. That no free government, or the blessings of liberty, can be preserved to any people but by a firm adherence to justice, moderation, temperance, frugality, and virtue and by frequent recurrence to fundamental principles. Section 16. That religion, or
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#17328448592695304-486: The command of Brig. Gen. William W. Loring , but Union forces soon regained the region. The Restored Government attempted to exercise de facto authority, at least over the western counties, but had control of no more than half of the fifty counties that became West Virginia . On August 22, 1862, the Restored Government's Adjutant General, Henry I. Samuels, reported to Gov. Pierpont that there were 22 counties in which they could raise Union volunteers, but "...in several of
5406-550: The consent of the existing state's legislature. Soon after the President and the Congress recognized the Restored Government as the legitimate government of Virginia, it asserted its authority to give such consent. A popular referendum in October 1861 was called on the creation of the new " State of Kanawha " from the northwestern counties of the old Commonwealth of Virginia. While statehood
5508-500: The convention selected new state officers for what came to be called the Restored Government of Virginia to avoid confusion with the pro-secessionist government. Francis Pierpont of Marion County was elected governor. On June 25, the convention adjourned until August 6. President Lincoln and Congress swiftly recognized the Restored Government as the legitimate government of the entire Commonwealth of Virginia. The delegates to
5610-444: The convention to delete a section that would have prohibited bills of attainder , arguing that ordinary laws could be ineffective against some terrifying offenders. Edmund Pendleton proposed the line "when they enter into a state of society" which allowed slave holders to support the declaration of universal rights which would be understood not to apply to slaves as they were not part of civil society. Mason owned over 100 slaves at
5712-456: The days leading up to the referendum: " Before the day of election arrived we see the troops from South Carolina, Georgia and other Southern States, placed all over the eastern and southern parts of the States running up into the valley, and in some parts of Western Virginia. In those parts of the State freedom of election was completely suppressed, and men who dared to vote against secession done it at
5814-410: The delegates at the Convention believed that the differences between eastern and western Virginia were irreconcilable and supported some sort of separation. Where differences existed at the Convention, they primarily related to how this separation should occur. Dennis Dorsey of Monongalia County called for permanent and decisive separation from eastern Virginia. Carlile, however, though he had called for
5916-415: The designation changed to "West Virginia".On Nov. 20, 1861, the adjutant-general of the Restored Government, Henry J. Samuels, sent a roster of regiments and recruits to the adjutant-general of the U.S. Army. The western Virginia militia system fell apart on Virginia's secession. Most of the militia organizations in the northwestern part of the state refused the call of Gov. Letcher, though some, like most of
6018-435: The duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practise Christian forbearance, love, and charity toward each other. The committee draft was written chiefly by George Mason, and
6120-484: The effect of the votes of those who do choose to vote". There was no acknowledgment of the difficulties of voting in the midst of a civil war, which were many. Members of the Restored Government however took note of the difficulty of a fair vote. On August 16, 1861, a few days before a statehood ordinance was created, the Lt. Gov. Daniel Polsley and Daniel Lamb of Ohio County objected to a wartime vote on division, Lamb stated, "It
6222-406: The end of hostilities, most of its de jure territory remained controlled by the secessionist state government, which never recognized either Unionist state government operating within its antebellum borders. Furthermore, since the Restored Government's claimed territory not under secessionist control only remained so by force of arms, it was placed under Federal martial law , thus further limiting
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#17328448592696324-694: The end of the war after the Confederate States government and General-in-Chief Robert E. Lee 's Army of Northern Virginia evacuated it as their capital in late March 1865, and the city returned to Federal control. When the Second Wheeling Convention met in its first session, in June 1861, it adopted "A Declaration of the People of Virginia". The declaration stated that the Virginia Declaration of Rights required any substantial change in
6426-417: The enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety. Section 2. That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants and at all times amenable to them. Section 3. That government is, or ought to be, instituted for the common benefit, protection, and security of
6528-467: The entire state's delegation went vacant. By the end of 1861, large Confederate States Army forces had abandoned western Virginia after contesting the region with overwhelming Federal units, but small brigades of Confederate soldiers commanded by William Lowther Jackson and Albert G. Jenkins operated throughout the area during the war. In 1862 the Kanawha valley was retaken by Confederate troops under
6630-537: The final version was adopted by the Virginia Convention with significant amendments by Robert C. Nicholas and James Madison on June 12, 1776. The Virginia Declaration of Rights heavily influenced later documents. The Committee of Five is thought to have drawn on it when they drafted the United States Declaration of Independence in the same month (June 1776). James Madison was also influenced by
6732-473: The first public vote for state offices for the Restored Government was held, resulting in a turnout of 14,824 voters with returns credited to 31 counties and one independent city; 28 in what would become West Virginia and 3 counties and the city of Alexandria that were to be left in Virginia. Candidates for the primary offices ran unopposed; Francis H. Pierpont for governor, Daniel Polsely for Lt. Governor and James S. Wheat for attorney general. In anticipation of
6834-543: The form of state government had to be approved by the people via a referendum. Therefore, the Secession Convention was illegal since it had been convened by the legislature, not a referendum, and all of its acts--including the Ordinance of Secession--were ipso facto void. It also called for a reorganization of the state government, on the grounds that all state officials who had supported the Ordinance of Secession had effectively vacated their offices. On June 19, delegates approved this plan unanimously. The next day, June 20,
6936-450: The form or nature of state government to be approved by the people. Since the Virginia secession convention had been convened by the legislature, not the people, the declaration pronounced the secession convention illegal, and that all of its acts—including the Ordinance of Secession—were ipso facto void. It also declared the pro-secession government void and called for a reorganization of
7038-403: The guarantees of a trial by jury, freedom of the press , freedom of religion ("all men are equally entitled to the free exercise of religion"), and "the proper, natural, and safe defence of a free state" rested in a well regulated militia composed of the body of the people, trained to arms, that standing armies in time of peace, should be avoided as dangerous to liberty; Article 8 protects
7140-399: The hazard of their lives. Thus, sir, you see the concert by which secession has been inaugurated and carried out in Virginia; and we see that same spirit that reigned in it from the beginning... TREASON..." On June 13, Carlile introduced to the convention "A Declaration of the People of Virginia." The document declared that under the Virginia Declaration of Rights , any substantial change in
7242-486: The laws shall direct. Section 6. That elections of members to serve as representatives of the people, in assembly ought to be free; and that all men, having sufficient evidence of permanent common interest with, and attachment to, the community, have the right of suffrage and cannot be taxed or deprived of their property for public uses without their own consent or that of their representatives so elected, nor bound by any law to which they have not, in like manner, assented for
7344-426: The legislative and executive powers of the state should be separate and distinct from the judicative; and, that the members of the two first ... should, at fixed periods, be reduced to a private station, return into that body from which they were originally taken ... by frequent, certain, and regular elections." Articles 7–16 propose restrictions on the powers of the government, declaring the government should not have
7446-451: The legitimacy of Virginia's referendum on secession. "Immediately upon the passage of the Ordinance of Secession, in every county, as far as I can learn, a systematic reign of terror was inaugurated." Throughout the state, "irresponsible persons assembled, under the name of 'committees of safety', who [told Union men] that they must leave the State... All Union men were admonished that they would be prosecuted for treason." Carlile then described
7548-409: The members of the two first may be restrained from oppression, by feeling and participating the burdens of the people, they should, at fixed periods, be reduced to a private station, return into that body from which they were originally taken, and the vacancies be supplied by frequent, certain, and regular elections, in which all, or any part, of the former members, to be again eligible, or ineligible, as
7650-411: The new state, and that certain disputed counties be excluded. President Lincoln, although reluctant to divide Virginia during a war aimed at re-uniting the country, eventually signed the statehood bill into law on December 31, 1862. In Wheeling, the added conditions required another constitutional convention and popular referendum. Statehood was achieved on June 20, 1863 as West Virginia was admitted as
7752-493: The new state. However, there were very few suitably qualified Unionists with ties to a locale within the Commonwealth's reduced borders and none who expressed interest in replacing Pierpont to become essentially a figurehead chief executive. Therefore, Pierpont reluctantly agreed to continue to head the Restored Government in Alexandria while Arthur I. Boreman became the first Governor of West Virginia. In this role, Pierpont ensured
7854-399: The original draft in the handwriting of Thomas Ludwell Lee , but the author is unknown. James Madison later proposed liberalizing the article on religious freedom, but the larger Virginia Convention made further changes. It was later amended by Committee and the entire Convention, including the addition of a section on the right to a uniform government (Section 14). Patrick Henry persuaded
7956-615: The other as illegitimate. The Restored Government attempted to assume de facto control of the Commonwealth's northwest with the help of the Union Army but was only partly successful. It raised Union regiments from local volunteers but depended upon recruits from Pennsylvania and Ohio to fulfill its commitments. It administered this territory until, with its approval, the area became part of West Virginia in mid-1863. The Restored Government thereafter continued to operate, albeit with very limited actual authority, within what it considered to be
8058-499: The people, nation, or community; of all the various modes and forms of government, that is best which is capable of producing the greatest degree of happiness and safety and is most effectually secured against the danger of maladministration. And that, when any government shall be found inadequate or contrary to these purposes, a majority of the community has an indubitable, inalienable, and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to
8160-451: The power of suspending or executing laws, "without consent of the representatives of the people"; establishing the legal rights to be "confronted with the accusers and witnesses, to call for evidence in his favor, and to a speedy trial by an impartial jury of his vicinage," and to prevent a citizen from being "compelled to give evidence against himself." protections against " cruel and unusual punishments ", baseless search and seizure , and
8262-439: The press is one of the great bulwarks of liberty, and can never be restrained but by despotic governments. Section 13. That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by,
8364-572: The previous General Assembly. When President Lincoln signed the West Virginia statehood bill he issued a statement which included a comment on voting: "We can not well deny that it is such, unless we do so upon the outside knowledge that the body was chosen at elections, in which a majority of the qualified voters of Virginia did not participate. But it is a universal practice in the popular elections in all these States to give no legal consideration whatever to those who do not choose to vote, as against
8466-437: The provisional state capital. 16th President Abraham Lincoln recognized the Restored Government as the legitimate government of the entire Commonwealth of Virginia . The United States Congress seated the two new United States Senators chosen by its legislature, and five U.S. representatives elected from the territories that remained loyal to the Union or were occupied by the Union Army . Its Congressional delegation in
8568-440: The public good. Section 7. That all power of suspending laws, or the execution of laws, by any authority, without consent of the representatives of the people, is injurious to their rights and ought not to be exercised. Section 8. That in all capital or criminal prosecutions a man has a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, to call for evidence in his favor, and to
8670-407: The public weal. Section 4. None of mankind is entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which, not being descendible, neither ought the offices of magistrate, legislator, or judge to be hereditary. Section 5. That the legislative and executive powers of the state should be separate and distinct from the judiciary; and that
8772-506: The records in 1902). Restored Government of Virginia The Restored (or Reorganized ) Government of Virginia was the Unionist government of Virginia during the American Civil War (1861–1865) in opposition to the government which had approved Virginia's seceding from the United States and joining the new Confederate States of America . Each state government regarded
8874-477: The relocation of the Restored Government to Alexandria from Wheeling as West Virginia statehood approached Francis Pierpont once again ran for governor of Virginia on May 28, 1863. Although no county returns have been found he received 3,755 votes, with the city of Alexandria reporting 179 votes for Pierpont. One of the obligations of the Restored Government, as the Federally recognized state government of Virginia,
8976-411: The representatives of the good people of Virginia, assembled in full and free convention which rights do pertain to them and their posterity, as the basis and foundation of government. Section 1. That all men are by nature equally free and independent and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely,
9078-482: The second paragraph of the U.S. Declaration of Independence, as "we hold these truths to be self-evident, that all men are created equal , and are endowed by their Creator with certain unalienable rights , that among these are Life, Liberty and the pursuit of Happiness ." Articles 2 and 3 state the concept that "all power is vested in, and consequently derived from, the people ..." and that "whenever any government shall be found inadequate or contrary to these purposes,
9180-527: The state government, taking the line that all state officials who had acceded to the Ordinance of Secession had effectively vacated their offices. The members and officers of the Restored Government had themselves not been elected by the people to the offices they had assumed, but instead convened on the basis of local petition and other irregular accreditation, some "more or less self-appointed". The convention then elected Francis Harrison Pierpont as governor, along with other executive officers, with Wheeling as
9282-433: The state under Union military control, which was for all intents and purposes the whole of the state not under rebel control. The imposition of martial law further limited the Restored Government's actual civil authority. The Restored Government's loss of authority had direct consequences for Pierpont's own political career. He was born in West Virginia, firmly identified as a West Virginian and had hoped to become Governor of
9384-443: The subject of rights and the relationship between government and the governed. Article 1 states that "all men are by nature equally free and independent, and have certain inherent rights of which ... they cannot deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety," a statement later made internationally famous in
9486-429: The thirty-nine counties have never come to the polls and expressed their sentiments in favor of a new State. In a voting population of some 40,000 or 50,000 we see a poll of only 17,627 and even some of them were in the [Union] army." The voters' approval led to a constitutional convention, and another popular vote on April 3, 1862, approving the new constitution for a new state, the now renamed " West Virginia ", but again
9588-499: The time. Mason based his initial draft on the rights of citizens described in earlier works such as the English Bill of Rights (1689) and the writings of John Locke . The Declaration can be considered the first modern Constitutional protection of individual rights for citizens of North America. It rejected the notion of privileged political classes or hereditary offices such as the members of Parliament and House of Lords described in
9690-491: The turnout was low. The statehood referendum as well as the constitutional convention were conducted by members of the 2nd Wheeling Convention rather than the Reorganized Government. The legislature of the Reorganized Government gave its consent to the creation of a new state on May 13, 1862. The U.S. Congress then passed a statehood bill for West Virginia, but with the added condition that slaves be emancipated in
9792-454: The war since May 1861. The Restored Government claimed legitimacy over all of the Commonwealth of Virginia not now incorporated into the new State of West Virginia. Rather than recognize the Confederate state government in Richmond, Pierpont had characterized it as "large numbers of evil-minded persons [that] have banded together in military organizations with intent to overthrow the Government of
9894-415: Was "triple treason"—treason against the state of Virginia, the United States, and the Confederacy. Carlile's motion was condemned as revolutionary, and most at the convention instead supported resolutions offered by the Committee on State and Federal Resolutions, which recommended that western Virginians elect delegates to a Second Wheeling Convention to begin on June 11 if the people of Virginia approved
9996-540: Was drafted in 1776 to proclaim the inherent rights of men, including the right to reform or abolish "inadequate" government . It influenced a number of later documents, including the United States Declaration of Independence (1776) and the United States Bill of Rights (1789). The Declaration was adopted unanimously by the Fifth Virginia Convention at Williamsburg, Virginia on June 12, 1776, as
10098-406: Was held on May 13 through May 15, 1861. 27 northwestern Virginia counties were represented. Of the 429 delegates who attended, over one-third were from the area around Wheeling . Most had been chosen at public meetings, while others attended on their own initiative. William B. Zinn , who had represented Preston County many times in the Virginia General Assembly , was elected chairman. Immediately,
10200-664: Was less willingness by them to allow their men to go elsewhere. The Ohio adjutant general, Catharinus P. Buckingham , wrote to Pierpont on Sept. 13, 1861, saying "Your permit for raising regiments from Ohio embarrasses us severely...it injures the cause greatly & will not help Virginia but only postpone assistance from Ohio... Whitelaw Reid estimated that Ohio alone contributed large parts of 5 regiments to Virginia recruitment. Aside from out-of-state recruits western Virginia raised about 20,-22,000 men for Federal service and an equal number for Confederate service. The Union regiments were designated "Virginia" until West Virginia statehood and
10302-409: Was more popular in the far northwestern counties it did not have widespread support in the counties that were to compose the new state. Although the October voter approval led to a constitutional convention, the numbers were disappointing to the state makers. At the constitutional convention delegate Chapman J. Stuart detailed the results- "...even a majority of the people within the district composed of
10404-458: Was to provide Virginia's share of the military quotas. As most of Virginia was controlled from Richmond this proved to be difficult. After his first military successes in the region Brig. Gen. George B. McClellan informed Gov. Pierpont that he would not be in the region much longer and that Pierpont would need to recruit sufficient men to defend it. He told Pierpont that he saw no enthusiasm for enlisting. The Union regiments recruited in 1861 under
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