Virginia v. West Virginia (1911)
| Virginia v. West Virginia | |
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| Argued January 20, 23–26, 1911 Decided March 6, 1911 |
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| Full case name | Virginia v. West Virginia |
| Citations | 220 U.S. 1 (more)
31 S. Ct. 330; 55 L. Ed. 353; 1911 U.S. LEXIS 1658
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| Holding | |
| West Virginia was bound by its constitution to pay one-third of the outstanding debt of the state of Virginia as of January 1, 1861. | |
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| Case opinions | |
| Majority | Holmes, joined by unanimous |
Virginia v. West Virginia, 220 U.S. 1 (1911), is a unanimous ruling by the Supreme Court of the United States which held that the state of West Virginia was bound by its constitution to pay one-third of the outstanding debt of the commonwealth of Virginia as of January 1, 1861. In its ruling, the Supreme Court concluded that the geographic narrowness of the port and road improvements made by Virginia (most of which occurred outside West Virginia's current borders) were incurred by the people of the entire state and did not discharge West Virginia's duty to pay. The Court also held that Virginia's attempts to discharge its debts while its negotiations with West Virginia continued did not absolve West Virginia of its duty to pay. Although both states had already agreed on the amount to be paid, the Court ordered them to negotiate over interest computation.
At the beginning of the American Civil War, Virginia seceded from the United States in 1861. But many of the northwestern counties of Virginia were decidedly pro-union. At a convention duly called by the governor and authorized by the legislature, delegates voted on April 17, 1861, to approve Virginia's secession from the United States. Although the resolution required approval from voters (at an election scheduled for May 23, 1861), Virginia's governor entered into a treaty of alliance with the Confederate States of America on April 24, elected delegates to the Confederate Congress on April 29, and formally entered the Confederacy on May 7.
Unionist sentiment was so high in the northwestern counties that civil government began to disintegrate, and the Wheeling Intelligencer newspaper called for a convention of delegates to meet in the city of Wheeling to consider secession from the state of Virginia. Delegates duly assembled, and at the First Wheeling Convention (also known as the May Convention), held May 13 to 15, the delegates voted to hold off on secession from Virginia until Virginia formally seceded from the United States. Concerned that the irregular nature of the First Wheeling Convention might not democratically represent the will of the people, elections were scheduled for June 4 to formally elect delegates to a second convention, if necessary. Virginians voted to approve secession on May 23. On June 4, elections were held and delegates to a Second Wheeling Convention elected. These elections were irregular as well: Some were held under military pressure, some counties sent no delegates, some delegates never appeared, and voter turnout varied significantly. On June 19, the Second Wheeling Convention declared the offices of all government officials who had voted for secession vacant, and reconstituted the executive and legislative branches of the Virginia government from their own ranks. The Second Wheeling Convention adjourned on June 25 with the intent of reconvening on August 6.
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