Re: The States: Doing Their Own Thing...
A referendum of all the states too, I suspect?
Edit: huh, maybe not:
WV is the only case and that was, um, complicated by the Civil War:
Presumably the non-WV parts of VA lost the right to consent because they had committed treason against the US. Same reason they lost their representation in Congress for a while.
It looks to me like only the states involved and the Congress need to "consent," an that consent is undefined.
Originally posted by bronconick
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Edit: huh, maybe not:
New states may be admitted by the Congress into this union; but no new states 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. -- US Constitution, Article IV Section 3
WV is the only case and that was, um, complicated by the Civil War:
On May 13, 1862, the state legislature of the reorganized government (of the counties seceding from VA) approved the formation of the new state. An application for admission to the Union was made to Congress. On December 31, 1862, an enabling act was approved by President Lincoln, admitting West Virginia on the condition that a provision for the gradual abolition of slavery be inserted in the Constitution. The Convention was reconvened on February 12, 1863, and the demand was met. The revised constitution was adopted on March 26, 1863, and on April 20, 1863, President Lincoln issued a proclamation admitting the state at the end of 60 days, on June 20, 1863. Meanwhile, officers for the new state were chosen, and Governor Pierpont moved the Restored Government to Alexandria from which he asserted jurisdiction over the counties of Virginia within the Federal lines.
The constitutionality of the new state was achieved when the Unionist government of Virginia approved the division. The question of the addition of two counties came before the Supreme Court of the United States in the case of Virginia v. West Virginia, 78 U.S. 39 (1871). Berkeley and Jefferson counties lying on the Potomac east of the mountains, in 1863, with the consent of the Reorganized government of Virginia voted in favor of annexation to West Virginia. Many men absent in the Confederate army when the vote was taken refused to acknowledge the transfer upon their return. The Virginia General Assembly repealed the act of cession and in 1866 brought suit against West Virginia asking the court to declare the two counties a part of Virginia. Meanwhile, Congress on March 10, 1866, passed a joint resolution recognizing the transfer. The Supreme Court decided in favor of West Virginia, and there has been no further question.
The constitutionality of the new state was achieved when the Unionist government of Virginia approved the division. The question of the addition of two counties came before the Supreme Court of the United States in the case of Virginia v. West Virginia, 78 U.S. 39 (1871). Berkeley and Jefferson counties lying on the Potomac east of the mountains, in 1863, with the consent of the Reorganized government of Virginia voted in favor of annexation to West Virginia. Many men absent in the Confederate army when the vote was taken refused to acknowledge the transfer upon their return. The Virginia General Assembly repealed the act of cession and in 1866 brought suit against West Virginia asking the court to declare the two counties a part of Virginia. Meanwhile, Congress on March 10, 1866, passed a joint resolution recognizing the transfer. The Supreme Court decided in favor of West Virginia, and there has been no further question.
It looks to me like only the states involved and the Congress need to "consent," an that consent is undefined.
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