Rogue State: The Unconstitutional Process of Establishing West Virginia Statehood

Rogue State chronicles how West Virginia entered—and remains—in the Union under unconstitutional circumstances. Its severance from Virginia and reincorporation as a new state in 1863 occurred outside the bounds of constitutional legality. The United States government, while pledged to prevent the secession of eleven states from the Union, nevertheless condoned, abetted, supported, and ultimately affirmed secession of fifty counties without permission from Virginia. This unprecedented and unconstitutional process marks the only time in American history that a state was created and admitted to the Union outside the boundaries of the prescribed constitutional process. Lincoln’s attorney general even declared the process unconstitutional. Though secession was not permitted for states or parts of states by the U.S. Constitution, the U.S. government produced a façade of legality and constitutionality in 1863 to justify the secession of a part of one state to form another.

About the Author

Richard Owens, PhD, is a history professor, former university president, and a college trustee. In addition to Rogue State, his histories include Vigilance and Virtue: A Biography of General and Ambassador Horace Porter and The Neutrality Imperative. His historical novels include Potomac: A Story of America in 1940, Knightime and Conspiracy of Terror. Owens also writes a series of children’s books titled Joey Jupiter, Super Sleuth. He and his wife live in Ohio.