<Tr> <Th> Majority </Th> <Td> Miller, joined by Chase, Nelson, Swayne, Strong, Bradley </Td> </Tr> <Tr> <Th> Dissent </Th> <Td> Davis, joined by Clifford, Field </Td> </Tr> <P> Virginia v. West Virginia, 78 U.S. (11 Wall .) 39 (1871), is a 6 - to - 3 ruling by the Supreme Court of the United States which held that where 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 . The Court implicitly affirmed that the breakaway Virginia counties had received the necessary consent of both the State of Virginia and the United States Congress to become a separate state, and explicitly held that the counties of Berkeley and Jefferson were part of the new state of West Virginia . </P> <P> At the beginning of the American Civil War, Virginia seceded from the United States in 1861 over slavery . But many of the northwestern counties of Virginia were decidedly pro-union . At a convention 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 . For President Lincoln, these actions proved that rebels had taken over the state and turned the machinery of the state toward insurrection . These individuals had not acted with popular support, and thus Lincoln felt justified later in recognizing the Reorganized Government . </P>

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