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There is a huge and interesting argument on whether it was legal for the States which became the Confederacy to leave the Union. I can see interesting points in both sides of this argument. I come down on the side saying it was legal for the Southern States to secede, even if it might have been a bad idea.

One thing I don't see addressed by people arguing that States could not secede is the issue of West Virginia. Prior to the Civil War West Virginia did not exist as a separate entity, it was simply a part of the State of Virginia. After the Civil War began, West Virginia broke away from Virginia and was a new state in the Union. Someone will correct me if I am wrong on this description.

My question is, IF West Virginia could leave Virginia, Why couldn't the various Confederate States leave the Federal Union ???

gktscrk
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HALL
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    "Why could not...?" They could. And they did. However there were different opinions on this. And the question was decided by a war. – Alex Jun 29 '20 at 00:46
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    My understanding is the US Constitution allows for the creation of new states, but does not have a mechanism to allow for secession. By splitting from Virginia, West Virginia became a new state, allowed within the Constitution & it also remained part of the USA - all within keeping of the US Constitution. – Fred Jun 29 '20 at 00:51
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    @Fred Actually, Article 4, Section 3 of the Constitution states that "... no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress". – sempaiscuba Jun 29 '20 at 01:50
  • My answer is based largely on the above comments by Pieter and Sempaiscuba, so, thanks to you both :) – Brian Z Jun 29 '20 at 02:05
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    Welcome to History:Stack Exchange. Thank you for your question, but please consider revising it to be more in line with our community expectations. Like many other stacks, we expect questions to provide evidence of prior research. That helps us to understand the question, and avoids our repeating work you've already done. Our [help] center, and other stacks provide additional resources to assist with revisions. – MCW Jun 29 '20 at 10:00
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    The two are not at all similar. Part of the design of the Constitution was to solve the problem of forming new states (e.g. Vermont, Kentucky, and Maine source – MCW Jun 29 '20 at 13:08
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    "Legally" had nothing to do with it. The North had a bigger army, and a leadership that was willing to slaughter 2/3 of a million people to hold on to the South. – jamesqf Jun 29 '20 at 16:21
  • @sempaiscuba: not without consent is not the same as not at all. – Lucian Apr 23 '21 at 16:40

1 Answers1

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According to the majority opinion of the Supreme Court in Virginia v. West Virginia, the Virginia Legislature gave explicit consent to have the election that resulted in the ultimate recognition of West Virginia as a separate state. The United States Congress also effectively approved statehood in its review of the West Virginia constitution. The process therefore complied with Article 4, Section 3 of the Constitution which states that "... no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress."

In contrast, in Texas v. White the Supreme Court found that the Confederacy's claim of separation from the federal union was unilateral and not consented to by the other states and therefore invalid.

Nathan
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Brian Z
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    Note that the "Virginia Legislature" which gave its consent is not the same Virgina legislature which seceded from the Union. That government had been declared void by its illegal act of secession. This is the legislature of the Restored Government of Virginia formed in Wheeling after secession and recognized by the US. – Schwern Apr 23 '21 at 22:51