Copyright
West Virginia. Dept. of Archives and History.

Biennial report of the Department of Archives and History of the State of West Virginia (Volume 2) online

. (page 20 of 35)
Online LibraryWest Virginia. Dept. of Archives and HistoryBiennial report of the Department of Archives and History of the State of West Virginia (Volume 2) → online text (page 20 of 35)
Font size
QR-code for this ebook


Ordinance for the Division of the State." This produced long
and earnest debate; changes and additions were made, and on the
20th this was adopted. It was as follows:

AN ORDINANCE TO PROVIDE FOR THE FORMATION OF A NEW
STATE OUT OF A PORTION OF THE TERRITORY OF

THIS STATE.

(adopted august 20, 1861.)

Wheras, it is represented to be the desire of the people inhabiting the counties
hereinafter mentioned, to be separated from this commonwealth, and to be erected
into a separate state, and admitted into the union of states, and become a member
of the government of the United States ;

Section 1. The people of Virginia, by their delegates assembled in convention
at Wheeling, do ordain that a new state, to be called the state of Kanawha, be
formed and erected out of the territory included within the following described
boundary ; Beginning on the Tug Fork of Sandy River, on the Kentucky line where
the counties of Buchanan and Logan join the same ; and running thence with the
dividing lines of said counties and the dividing line of the counties of W'yoming and
McDowell to the Mercer county line, and with the dividing line of the counties of
Mercer and Wyoming to the Raleigh county line ; thence with the dividing line of
the counties of Raleigh and Mercer, Monroe and Raleigh, Greenbrier and Raleigh,
Fayette and Greenbrier, Nicholas and Greenbrier, W T ebster, Greenbrier and Poca-
hontas, Randolph and Pocahontas, Randolph and Pendleton, to the south-west cor-
ner of Hardy county; thence with the dividing line of the counties of Hardy and
Tucker, to the Fairfax Stone; thence with the line dividing the states of Maryland
and Virginia, to the Pennsylvania line ; thence with the line dividing the states
of Pennsylvania and Virginia, to the Ohio River ; thence down said river, and in-
cluding the same, to the dividing line between Virginia and Kentucky, and with
the said line to the beginning ; including within the boundaries of the proposed
new state the counties of Logan, Wyoming, Raleigh, Fayette, Nicholas, Webster,
Randolph, Tucker, Preston, Monongalia, Marion, Taylor, Barbour, Upshur, Harrison,
Lewis, Braxton, Clay, Kanawha, Boone, Wayne, Cabell, Putnam, Mason, Jackson,
Roane, Calhoun, Wirt, Gilmer, Ritchie, Wood, Pleasants, Tyler, Doddridge, Wetzel,
Marshall, Ohio, Brooke, and Hancock.

Section 2. All persons qualified to vote within the boundaries aforesaid, and
who shall present themselves at the several places of voting within their respective
counties, on the fourth Thursday in October next, shall be allowed to vote on the
question of the formation of a new state, as hereinbefore proposed ; and it shall
be the duty of the commissioners conducting the election at the several places of
voting, at the same time, to cause polls to be taken for the election of delegates to a
convention to form a constitution for the government of the proposed state.

************

Section 5. The commissioners conducting the said election in each of said
counties shall ascertain, at the same time they ascertain the vote upon the forma-
tion of a new state, who hag been elected from their county to the convention,
hereinbefore provided for, and shall certify to the secretary of the commonwealth,
the name or names of the person or persons elected to the said convention.

Section 6. It shall be the duty of the governor, on or before the fifteenth day
of November next, to ascertain and by proclamation make known the result
of the said vote ; and if a majority of the votes given within the boundaries men-
tioned in the first section of this ordinance, shall be in favor of the formation of a
new state, he shall so state in his said proclamation, and shall call upon said dele-



3 908] The Formation of West Virginia. 192



gates to meet in the city of Wheeling, on the 26th day of November next, and or-
ganize themselves into a convention ; and said convention shall submit, for ratifica-
tion or rejection, the constitution that may be agreed upon by it, to the qualified
voters within the proposed state, to be voted upon by the said voters on the fourth
Thursday in December next.

Section 7. The county of Ohio shall elect three delegates ; the counties of
Harrison, Kanawha, Marion, Marshall, Monongalia, Preston, and Wood shall each
elect two : and the other counties named in the first section of this ordinance shall
each elect one delegate to the said convent-ion. * * * * *

************

Section 10. When the general assembly shall give its consent to the formation
of such new state, it shall forward to the congress of the I'nited States such con-
sent, together wtih an official copy of such constitution, with the request that the
said new state may be admitted into the union of states.

************

A. I. Boreman, President.
G. L. Cranmer, Secretary.

The vote of the people on this ' ' New State Ordinance ' ' was taken
on Thursday October 24, 1861, at which time 18,408 votes were east
for it and 781 against it; Governor Pierpont having learned of
this, issued a Proclamation on the 6th of November ensuing re-
quiring the delegates elected to the Constitutional Convention to
assemble on the 26th of that month; they having been chosen by
senatorial Districts, counties, and Delegate-Districts. The member-
ship of the Convention which framed the first Constitution of
"West Virginia, was as follows:



194



Archives and History.



[W. Va.



LIST OF MEMBERS OF THE FIRST WEST VIRGINIA CONSTITUTION-
AL CONVENTION WHICH ASSEMBLED AT WHEELING, VIRGIN-
IA, NOVEMBER 26, 1861, AND ADJOURNED FEBRUARY 18, 1862;
TOGETHER WITH THEIR AGE, PLACE OF NATIVITY, OCCUPA-
TION, COUNTY REPRESENTED, AND PQST OFFICE ADDRESS:

(REASSEMBLED FEBRUARY 12, 1863; AND ADJOURNED Sine (lie, FEBRUARY 20,

1863.)



o

1

2

3
4
5
6
7
8
9
10
11
12
13
14
15
l(i
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56,
57
58
59:
60
61



Name



Age



Nativity



-1.



Gordon Battelle.
John L. Boggs*
James H. Brown
John J . Brown
Richard L. Brooks* ■ . .
Wm W. Brumneld ...

E. H Caldwell

Thos R Oarskadon...
James S. Oassady— 2.. .

H. D Chapman

Richard M. Oook— 3 ...

Henry Bering

John A Dllle

Abijah Molly

I) \V. Gibson*

Samuel T. Griffith* . . .

Robert Hagar

Ephriam B Hall

John Hall

Stephen M. Hansley ..
Thomas W. Harrison.

Hiram Haymond

James He r vey

J. P Hobaek-4

Joseph Hubbs

Robert Irvine .-

Daniel Lamb

R. W. Lauck

E S Million

Andrew Mann — 5

J. R. McOutchen— 6 ...
Dudleys. Montague .

Enimett J O'Brien

Granville Parker

James W. Parsons

James W. Pax ton

David S. Pinnell*

Josephs. Pomeroy

John M. Powell

J. Robinson

A. F. Ross*

Lewis Ruff ner

Edward \V. Ryan— 7...

Geo. W. Sheetz

Josiah Simmons

Harmon Sinsel

Benjamin H Smith— 8
Abram D. Soper .......

Benj. L. Stephenson

Wm. E. Stevenson

Benjamin F. Stewart.
Chapman J. Stuart. . . .

Gustavus F. Taylor

Moses Tichenael*

Thomas H. Trainer...
Peter G. Van Winkle .

William Walker

William W. Warder ..

Joseph S . Wheat*

Waitman T. Willey

Andrew J. Wilson



4'. Ohio

Virginia
Virginia
Virginia
Virg2nia



12
35
52



33 Virginia



52

24

40
63



50

in
II



:.l
39
56
42
37
55
41



54

47
51
in
45



61
42
51

in
in



to

36



64



38

47
44



Virginia

Vi rgi nia
Virginia

Mass

Virginia
Virginia
Penn
Virginia



Virginia

Virginia .
Ireland ..
Virginia .
Virginia .
Virginia .

Ohio

Virginia .

Penn

Virginia .

Penn

Virginia
Maryland



Virginia
V i rgi nia
Virginia

Mass

Virginia
Virginia



Penn
Virginia



Vi rginia .

\'i rginia

Vi rginia .

Virginia .

Virginia .
. • Virginia .
66 New York
. . Virginia .

40 Penn .

:>2 New York

41 Virginia .
26 Virginia



Occupation County



Minister



Lawyer. . . .
Lawyer —
Farmer . .
Farmer . . .
Lawyer. . . .
Parmer. . . .
Farmer. . . .
Physician.
Farmer. . . .
Me chant .
Lawyer. .
Farmer.
Physician
Physician .
Farmer. . . .
Lawyer . . .

Farmer

Farmer. . . .
Lawyer
Farmer. . . ,
Lawyer. . . .
Farmer. . . .
Farmer . .
Lawyer. . . .
Cashier. . . .
Lawyer . . .
Farmer. . . .



Farmer

Hotel keepei
Mechanic ..

Lawyer

Farmer
Merchant



M inister
Minister



42 Virginia
53 New York
34 Virginia .
40 Virginia .
.. . Virginia .
50 Virginia .
60 Virginia



Teacher . .
Salt Manf'r
Minister
» larpenter. .
Farmer ...
Carpenter .

Lawyer

Lawyev

Farmer

Farmer ....
Merchant

Lawyer

Lawyer

Minister . . .
Minister . .

Lawyer

Lawyer

Farmer



Lawyer.
Farmer



Ohio

Pendleton .
Kanawha . .
Preston . . .
Upshur

Way ne

Marshall...
Hampshire.
Fayette ...

Roane

Mercer

Monongalia
Preston ..
Hardy....
Pocahontas
Mason . ..

Boone

Marion

Mason

Raleigh

Harrison

Marion

Brooke...
Mc Do we 11..
Pleasants . .
Lewis .

Ohio

Wetzel ....
Jackson ...
Greenbrier.
Nicholas . .
Putnam —
Harbour —

Cabell

Tucker

Ohio

Upshur.

Hancock . ..
Harrison.
Calhoun —

Ohio

Kanawha .
Fayette ....
Hampshi v
Randolph
Taylor. ...

Lotran

Tyler

Clay

Wood

Wirt

Doddridge .
Braxton . . .

Marion

Marshall . .

Wood

Wyoming. .

Gilmer

Morgan
Monongalia
Ritchie



Postotlice



Wheeling



Charleston

King wood

Rock Cave

Oe redo .

Moundsville
New Creek Sta.
Fayetteville ...
Spencer



Morgantown ..
Kingwood . . . .
Greenland



W- Columbia. . .

Boone C H

Fairmont

Point Pleasant

Marshall

Clarksburg

Palatine

Wellsburg



St. Marys

Weston

Wheeling —
Martinsville
Ravenswood



Red House Sh'ls

Burnersville

< ruyandotte

st George

Wheeling



Fairview

West Milford.



West Liberty.
Kan. Salines



Piedmont

Leedsville . .

Pruntytown

Logan 0- H

Sistersvi lie

Clay O H

Parkers burg

Newark

West Union

Braxton C. H. ..

Fairmont

< lameron

Parkersburg

t iceana

Troy

Berkeley Spr'gs.
Morgantown
Pennsboro



JOHN HALL. Point Plesant P. O President.

ELLERY R. HALL. Pruntytown. P. O Secretary.

JAMES C. ORR, Wheeling, r. O Sergeant-at-Arms.

See reference notes on next page.



1908] The Formation of West Virginia. 195

The Second Session op the Conventions — As will be
seen hereafter this Convention reassembled February 12, 1863,
for the purpose of making the changes in the Constitution required
by Congress regarding the extinction of slavery in the proposed
State. Because of the changes in membersip which had taken place
a committee on Credentials was appointed. Its report stated that
A. F. Ross, had been elected a member of the Convention from
Ohio County, to fill a vacancy caused by the death of Gordon
Battelle ; David S. Pinnell of Upshur County, elected to fill vacancy
resulting from the resignation of R. L. Brooks; Joseph S. Wheat,
a member form Morgan County, hitherto unrepresented; John L.
Boggs, of Pendleton County, not previously represented : J. Robin-
son, of Calhoun County, it having no representative heretofore;
Andrew Mann appeared and took his seat as a represenative from
Qreenbrier county; Rev. Moses Tiehenael, of Marion County,
to fill vacancy caused by the removal of Hiram Haymond from the
county, who thereby vacated his seat ; James H. Brown of Kanawha
County, reelected to fill vacancy resulting from his own resignation ;
Dr. Samuel T. Griffith, of Mason County, appeared as the successor
of John Hall. President of the Convention, whose resignation was
read and Abram D. Soper, of Tyler County, elected to the Presi-
dency ; There was a contest* between Dr. D. W. Gibson and
Samuel Young, for a seat in the Convention as a representative
from Pocahontas County, not hitherto represented. The decision
was in favor of Dr. Gibson. Thus it was that from the time of the
Assembling of the Convention until its final adjournment, sixty-one
members occupied seats therein, and forty-seven counties were
represented, thus leaving but one — Webster — without representa-
tion, there being but forty-eight counties then included within the
proposed boundaries of the New State.

♦Occupied seats in the Second Session of the Convention, which convened Feb-
ruary 12, 1863, and adjourned February 20. ensuing : but not in first session.

1. James II. Brown resigned his seat February 1?, 1 SG2.

2. James S. Cassady resigned February 1, 1862.

3. Richard M. Cook was admitted to a seat January 21. 1862.

4. J. P. Hoback was admitted to a seat January 21. 1S62.

5. Andrew Mann was admitted to a seat February 14, 1863, his credentials be-
ing a petition signed by fifty citizens of Greenbrier county.

6. J. R. MeCutehen was admitted to a seat January 11, 1SR2.

7. Rev. Edward W. Ryan was admitted to a seat February 3, 1862.

S. Benjamin H. Smith resided in Kanawha county, but had petitions signed
by citizens of Logan county, praying that he represent them in this Convention,
and he was thereupon admitted to a seat.



♦Note. — The report of the Committee on Credentials on the Contest between
Dr. D. W. Oibson and Samuel Young, for a seat in the Convention from Pocahontas
County, is indicative of the timps — of the time when a new State was being born
amid the throes of Civil War. The Committee says :

"The facts are in brief, that last October, in view of the probable recalling
•of the Convention, some twenty-five citizens of I'ocahontas county drew up and



19G Archives and History. [W. Va.



At length the work on the Constitution was completed, and a
' ' Schedule' ' attached thereto. In this John Hall, James W. Paxton,
Peter G. Van Winkle, Elbert H. Caldwell and Ephraim B. Hall,
were named as Commissioners, whose duty it was to cause the
Constitution and Schedule to be published in such newspapers
printed within the proposed New State as they deemed proper.
April 3, 1862, was designated as the day upon which the people
should vote on the adoption of the amended Constitution. The
result of the election was 18,062 votes for ratification, and 514
against ratification.



*to l



The General Assembly Under the Eestored Government Grants
Permission to Form a New State Within
the Bounds of Virginia.

The Constitution of the United States provides that "no new
State shall be formed or erected within the jurisdiction of any
other State, without the consent of the Legislature of the State
concerned." Therefore it was necessary to have the permission
or consent of the General Assembly of the Restored Government.
For this purpose, Governor Pierpont, having learned the result
of the vote on the Constitution, issued a Proclamation April 18th,
convening that body in Extra Session, at Wheeling on the 12th
day of May ensuing. That body assembled on the date fixed and
on the second day of the session enacted as follows:

CHAP. 1. — An ACT giving the consent of the Legislature of Virginia to the
formation and erection of a new State within the jurisdiction of this State.

Passed May 13, 1862.

Section 1. Be it enacted by the General Assembly, That the consent of the
Legislature of Virginia be, and the same is hereby given to the formation and erec-
tion of the State of West Virginia, within (he jurisdiction of this State, to include the
counties of Hancock, Brooke, Ohio, Marshall, Wetzel, Marion, Monongalia, Preston,
Taylor. Tyler, Pleasants, Ritchie, Doddridge, Harrison, Wood, Jackson, Wirt, Roane.
Calhoun, Gilmer, Barbour, Tucker, Lewis. Braxton, Upshur, Randolph, Mason,
Putnam, Kanawha. Clay, Nicholas, Cabell, Wayne. Boone, Logan, Wyoming, Mercer,
McDowell, Webster, Pocahontas, Fayette, Raleigh, Greenbrier, Monroe, Pendleton,
Hardy, Hampshire and Morgan, according to the boundaries and under the pro-
visions set forth in the Constitution for the said State of West Virginia and the
schedule thereto annexed, proposed by the convention which assembled at Wheeling,
on the twenty-sixth day of November, eighteen hundred and sixty-one.



signed a petition that Samuel Young, of that county be permitted to occupy a seat
on the floor of the Convention as the delegate from that County. That petition
was drawn by Dr. Gibson, of Pocahontas county, present contestant for a seat, and
was signed by him. Since a short period after that time. Mr. Young has not been
in Pocahontas County and people there knew nothing of his whereabouts. On the
day of the recent election to fill vacancies, a number of refugees from Pocahontas,
who were in Upshur county, to make sure of being represented in the Convention,
and having by consultation with an attorney, ascertained that a delegate so elected,
would probably be received, held an election at Buckhannon, and elected Dr. D. W.
Gibson. Both these gentlemen believing themselves entitled to seats by the best
expression that could be obtained, had come in and made application."

Dr. Gibson was awarded the seat, while the Convention paid the mileage and
three days per diem of Mr. Young. — V. A. L.



1908] The Formation of West Virginia. 197



Section 2. Be it further enacted, That the consent of the Legislature of Vir-
ginia be, and the same is hereby given, that the counties of Berkeley, Jefferson and
Frederick, shall be included in and form part of the State of West Virginia when-
ever the voters of said counties shall ratify and assent to the said Constitution.
* • • • *

West Virginia Admitted Into the Union.

All eyes were now turned toward Washington City, where the
Thirty-seventh Congress was in session. Virginia under the Re-
stored Government had five members in that body. These were
John S. Carlile, of Harrison county; and Waitman T. Willey, of
Monongalia county, in the Senate; and Kellian V. Whaley, of
Wayne cunty; Jacob B. Blair, of Wood county, and William Gr.
Brown, of Preston county, in the House of Representatives.

The Commissioners named in the Schedule, supplied with copies
of the ratified Constitution and certified copies of the Act of Assem-
bly granting permission to erect a New State within the bounds of
Virginia; and accompanied by Harrison Hagans of Preston county
Granville Parker of Cabell county ; Daniel Polsley of Mason county,
the latter the Lieutenant-Governor under the Restored Government ;
and others interested in the admission of a New State, proceeded to
Washington where they arrived on the 22d of May 1862. Three
days thereafter, Senator Willey laid the matter before the Senate,
which body referred it to the Committee on Territories, of which
Benjamin F. Wade of Ohio county, was Chairman. On the 23d
of June — nearly a month later — he reported from his Committee,
"Senate Bill No. 365" providing for the admission of the State
of West Virginia into the Union and for other purposes ; this was
read a first time and passed to its second reading. On the 26th,
it was read a second time and passed to its third reading. It had .
been so amended that the Constitution should be referred back to
the people of the proposed State for amendment regarding the
gradual extinction of slavery therein; and further, that when this
had been done and certified to the President of the United States,
he should make proclamation thereof, and that sixty days there-
after, the State should be admitted into the Union on an equal foot-
ing with the other States. On the next day it was again considered.
On July 1st, there was extended an animated debate, and this was
renewed and continued on the 7th. On the 14th the Bill was vari-
ously amended and passed by a vote of 23 yeas and 17 nays — a
majority of six votes.

The vote in the Senate on the admission of West Virginia is an
interesting event. In 1860 there were thirty-three States represent-
ed by sixty-six Senators. By the withdrawal of Eleven Southern



198 Archives and History. [W. Va-



States this number was reduced to forty-four. In 1861 it was.
increased by the admission of two members from the new State of
iKansas ; and by two from Virginia under the Reorganized Govern-
ment, thus increasing the whole number to forty-eight. Let us see
how these voted July 14, 1862, upon the question of admitting
West Virginia into the Union. On that day Lafayette S. Foster
of Connecticut occupied the chair pro tern in the absence of the Vice-
President ; Lazarus W. Powell of Kentucky, demanded the yeas and
nays and they were ordered. John "W. Fornejr called the roll :

Those voting yea were —

Henry B. Anthony and James F. Simmons of Rhode Island ; Daniel Clark and
John P. Hale of New Hampshire : Jacob Callamar and Solomon Foot of Vermont :
WUliiarn Pitt Fessenden and Lot M. Morrill of Maine ; Lafayette S. Foster of Con-
necticut ; Henry Wilson of Massachusetts : Ira Davis of New York ; John C. Ten
Eyck of New Jersey ; John Sherman and Benjamin F. Wade of Ohio : James W.
Grimes and James ilarlan of Iowa : Timothy O. Howe of Wisconsin : Henry S. Lane
of Indiana ; James H. Lane and Samuel C. Pomeroy of Kansas ; Henry M. Rice and'
Morton S. Wilkinson of Minnesota ; and Waitman T. Willey of Virginia.

A total of 23 votes.

Those voting nay were —

James A. Bayard and Willard Saulsbury of Delaware ; Orville H. Browning and
Lyman Trumbull of Illinois; John S. Carlile- of Virginia: Zachariah Chandler and
Jacob M. Howard of Michigan ; Anthony Kennedy of Maryland ; Preston King of
New York ; Edgar Cowan of Pennsylvania ; Garrett Davis and Lazarus W. Powell
of Kentucky : James A. McDougal of California ; Benjamin Stark of Oregon : Charles
Sumner of Massachusetts ; Robert Wilson of Missouri; and Joseph A. Wright of
Indiana.

A total of 17 votes..

Those not voting were —

James Dixon of Connecticut; John R. Thompson of New Jersey: David Wilmot
of Pennsylvania; James A. Fearce of Maryland; James W. Nesmith of Oregon:
Milton S. Latham of California; John B. Henderson of Missouri; and James R.

Doolittle of Wisconsin.
A total of 8 votes.

Tims it is seen that the Senators from Rhode Island, Vermont,
Maine, Ohio, Kansas, Iowa, and Minnesota voted for the Bill ;
while those from Kentucky, Illinois, and Michigan, voted against:
and those from New York, Massachusetts, Indiana and Virginia
were divided. The most earnest friends of the Bill in the Senate
were Willey, Wade. Collamar, Hale, Fessenden, Ten Eyck, Pomeroy.
Lane of Kansas, and Wilkinson. The most active in their opposi-
tion were Carlile, Bayard, Trumbull. Wilson and Sumner.

On the 15th day of July, but one day after the final vote in the
Senate, William Hickey, chief clerk of that body, appeared at the
bar of the House of Representatives and informed it that the
Senate had passed Senate Bill No. 365, entitled "An Act for the
Admission of West Virginia into the Union, and for other pur-
poses," and stated that he was directed to ask the concurrence of
the House therein



1908] The Formation of West Virginia. 190



On the next day the Bill cam* 1 up for consideration, and was
read a first and second time. Then John A. Bingham, of Ohio,
demanded the previous question on its passage, Joseph E. Segai'
objected to its third reading, and moved to lay it on me table.
Justin S. Morrill, of Vermont, asked him to withdraw the motion
that another might be made to postpone further consideration ol
the Bill until the following December. The Speaker declared any
motion out of order pending a call for the previous question. The
House refused by a vote of 70 nays to 44 yeas to lay on the table.
Then Roscoe Conkling, of New York, moved that further considera-
tion of the Bill be postponed until the second Tuesday in December
next, and on that motion demanded the previous question. Jacob
Beeson Blair, of Parkersburg, Virginia, asked him to withdraw
the demand for the previous question, but this was declined. Blair
then declared that if this motion prevailed it would be equivalent
to killing the Bill. John A. Bingham then demanded the yeas and
nays, and this was sustained ; and the motion to postpone was adopt-
ed by a vote of 63 yeas and 53 nays — a majority of ten. On the
next day the second session of tin 1 Thirty-seventh Congress closed;
the proposed new State of West Virginia had not been admitted
to the Union, and there was great discouragement on the part of
its friends. It was evident that the great battle was yet to be
fought.

THE THIRD SESSION.

Months came and went — August.September, October. November —
and then on Monday, December 1, 1862, the Thirty-seventh Con-
gress assembled in its third session. At noon on Tuesday, the 9th
ensuing. John A. Bingham obtained the floor and demanded the
regular order of business. '"The regidar order of business," said



Online LibraryWest Virginia. Dept. of Archives and HistoryBiennial report of the Department of Archives and History of the State of West Virginia (Volume 2) → online text (page 20 of 35)