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Following the Civil War, Virginia sued West Virginia in the U.S. Supreme Court in the case known as Virginia v. West Virginia, seeking to reclaim Berkeley and Jefferson counties.
The U.S. state of West Virginia was formed out of western Virginia and added to the Union as a direct result of the American Civil War (see History of West Virginia), in which it became the only modern state to have declared its independence from the Confederacy.
West Virginia was one of five Civil War border states. During the late 19th and early 20th century, West Virginia saw its population grow, due in large part to the economic job opportunities provided by the coal and logging industries.
If West Virginia hadn't seceded, that probably would have made it harder for the Union, delayed the inevitable, made the war more bloody. And more bloody in western Virginia, too?fewer boots on the ground and the balance between Union and Confederate troops more even.
After statehood, West Virginians almost immediately started dismantling the legal underpinnings of slavery, first by repealing Virginia's notorious 1860 slave code. Abolition formally came in February 1865, via both state law and the state's ratification of the Thirteenth Amendment to the US Constitution.
The western portion of Virginia seceded from the Confederate state and named itself West Virginia, the Mountain State, forsaking the rebellion of the Confederacy for membership in the Union. West Virginia became the 35th state admitted to the Union on June 20th, 1863, just weeks before the Battle of Gettysburg.
West Virginia, 220 U.S. 1 (1911), Virginia admitted in its briefings the legality of the secession of West Virginia. A second constitutional question arises as to whether the Constitution permits states to be carved out of existing states, whether consent is given or not.
Justice Holmes first reviewed Virginia's claim and West Virginia's answer, as well as the ordinances and relevant state constitutional language in question. Holmes observed that a special master had found West Virginia liable for about $33.9 million in debt, which West Virginia had not disputed.