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West Virginia, 78 U.S. (11 Wall.) 39 (1871), is a 6–3 ruling by the Supreme Court of the United States that held that if a governor has discretion in the conduct of the election, the legislature is bound by his action and cannot undo the results based on fraud.
West Virginia 78 U.S. (11 Wall.) 39 ON ORIGINAL BILL TO SETTLE BOUNDARY LINE BETWEEN THE STATES OF VIRGINIA AND WEST VIRGINIA Syllabus 1. This Court has original jurisdiction under the Constitution of controversies between states of the Union concerning their boundaries. 2.
A convention professing to represent the State of Virginia, which assembled in Richmond in February, 1861, attempted by a so-called 'ordinance of secession' to separate that State from the Union, and combined with certain other Southern States to accomplish that separation by arms.
In Virginia v. West Virginia, the Supreme Court in 1871 rejected (6-3) Virginia’s claims. It held that the statutes of the Reorganized Government regarding Berkeley and Jefferson effectively created an agreement between the two states that the counties would become part of West Virginia ‘‘whenever’’ voters assented.
When West Virginia separated from Virginia in 1863 during the Civil War, no settlement was made concerning its respective share of its parent's prewar state debt. Delayed by Virginia's disputes with the state bondholders even as to the share it concededly owed, negotiation on West Virginia's portion did not begin until 1894.
U.S. Reports: Virginia v. West Virginia, 78 U.S. (11 Wall.) 39 (1871). Names Miller, Samuel Freeman (Judge) Supreme Court of the United States (Author) ... Subject. American Civil War Boundaries Civil Procedure Common Law Constitutional Law Court Cases Court Decisions Court Opinions ...
Subject matter: Interstate Relations - Non-real property dispute between states; Petitioner: State; Petitioner state: Virginia; Respondent type: State; Respondent state: West Virginia; Citation: 222 U.S. 17; How the court took jurisdiction: Original; What type of decision was made: Opinion of the court (orally argued)
