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The Civil War & Reconstruction

#276 "MOUNTAINEERS ARE ALWAYS FREE": How West Virginia Became a State (Part the Second)

The Civil War & Reconstruction

Richard Youngdahl

History

4.84.8K Ratings

🗓️ 15 April 2019

⏱️ 30 minutes

🧾️ Download transcript

Summary

In which we wrap-up our look at how West Virginia, in the midst of the Civil War, became the thirty-fifth state of the Union.

Transcript

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0:30.0

Hey everyone, thanks for tuning in to episode number 276 of our Civil War Podcast.

0:39.7

I'm Rich.

0:41.3

And I'm Tracy.

0:42.3

Hello y'all.

0:44.0

Welcome to the podcast.

0:46.1

With this episode, we're going to pick back up right where we left off at the end of

0:50.2

the last show.

0:52.0

As y'all recall, in May 1861 in Virginia, a public referendum had ratified the state's

0:58.6

ordinance of secession.

1:00.9

And a month later, in June 1861, delegates representing the Western counties met at

1:07.3

the Second Wheeling Convention and passed a measure creating the new reorganized government

1:13.4

of Virginia.

1:15.4

The delegates took their authority and part from a prior U.S. Supreme Court ruling in

1:21.3

a case titled Luther versus Borden.

1:25.4

In that ruling, the Supreme Court decided that the question of who represented a state

1:30.8

was a political matter and was to be determined by Congress and the president.

1:37.3

Only Congress had the authority to decide which elected members would represent a state

1:42.6

in the House of Representatives and the U.S. Senate.

1:46.5

The president, though, had been delegated power by an act of Congress in 1795 to decide

1:53.1

which government was the duly constituted government of a state when sending aid to a

1:58.8

state threatened by insurrection.

2:02.1

In other words, the president allowed determined which parties represented the state and which

...

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