Agreed. Not sure why you are arguing this point IB. Originally Posted by WTFYou live in a one-horse town where LE runs a burglary ring. One of the burglars breaks into your home and steals your TV set. The burglar sells your TV to a pawn shop. You report the TV stolen and give the police all of the necessary details to identify the TV set. The police locate your TV at the pawn shop, but then the police tell you the set no longer belongs to you because the pawn shop has a record showing where they paid money to purchase the set. The fact that you have no systemic recourse doesn't make the police decision legitimate.
This is exactly the issue in the instance of West Virginia becoming a state. The whole fraudulent process violated Article 4 Section 3 of the Constitution.
1) The individuals who applied for statehood in West Virginia were not duly elected representatives of the people who lived in West Virginia.
2) There is extant evidence armed men were posted at the polls to suppress the vote against independent statehood.
3) There is extant evidence non-residents cast hundreds of votes for independent statehood.
4) The Supreme Court that made the final decision was also culpable because it was stacked by the same Congress which backed the perpetrated frauds listed at 1– 3. (In 1866, Congress reduced the number of SC justices from ten to seven to preclude any possibility President Johnson might appoint a justice who might rule against the Radical Republicans. Hence, the court itself was complicit in the unconstitutional act.)
Finally, ExNYer cited this wiki article but did not cite this quote: "the U.S. Supreme Court never ruled on the constitutionality of the state's creation"http://en.wikipedia.org/wiki/Virginia_v._West_Virginia