This post was at TGTKOG. It links to a story that is itself lacking in historical understanding regarding the creation and admission of West Virginia as a state in the Union.
This points up the first of the two neoconfederate problems we’re considering here. The lack of historical knowledge.
Let’s look at the comments:
As we can see they don’t know that unilateral secession is not a legal act. Also, claiming that Nevada’s statehood was illegal harkens back to the first problem with neoconfederates we considered.
Notice they all accept the claim that West Virginia was formed by ignoring the Constitution. That’s pure baloney, and they don’t understand anything about it.
First, as the article states, the Constitution says, in Article IV, Section 3, “… no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.” The main question is, did the legal government of Virginia provide its consent? The answer is yes. The legal government of Virginia was not the government in Richmond. Again, let’s refer to the Constitution. Article VI, Clause 3 says, “The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution.” Since the government in Richmond was taking part in an illegal rebellion and claimed to be no longer bound by the US Constitution, by this clause they were no longer eligible to be the legal government of Virginia. The US Government recognized the Restored Government of Virginia, headed by Francis Pierpont, as the legitimate government of Virginia. Did the US Government have the authority to do that? Yes. Article IV, Section 4 of the Constitution says, “The United States shall guarantee to every State in this Union a Republican Form of Government.” According to the Supreme Court of the United States, in the 1849 case of Luther v. Borden, this gives the Federal Government the authority to determine which of two competing governments is the legitimate government of a state.
“The fourth section of the fourth article of the Constitution of the United States provides that the United States shall guarantee to every State in the Union a republican form of government, and shall protect each of them against invasion; and on the application of the legislature or of the executive (when the legislature cannot be convened) against domestic violence.
“Under this article of the Constitution it rests with Congress to decide what government is the established one in a State. For as the United States guarantee to each State a republican government, Congress must necessarily decide what government is established in the State before it can determine whether it is republican or not. And when the senators and representatives of a State are admitted into the councils of the Union, the authority of the government under which they are appointed, as well as its republican character, is recognized by the proper constitutional authority. And its decision is binding on every other department of the government, and could not be questioned in a judicial tribunal.” [48 US 1, 42] Congress sat the representatives and senators of the Restored Government, thus recognizing its legitimacy, and President Lincoln addressed his correspondence to Pierpont as “Governor Pierpont,” thus giving Presidential recognition of the Restored Government as the legitimate government of Virginia.
Therefore, when the Restored Government of Virginia gave its consent to the formation of West Virginia, the legitimate Government of Virginia gave its consent to the erection of West Virginia within the boundaries of Virginia. More on how West Virginia became a state here, here, and here.
Here are some more examples from the same comments section:
We see some of these mental midgets think there’s such a thing as a “Northern court,” coupled with having no real knowledge of the actions that led to West Virginia’s creation.
Here we see them accepting the ludicrous claim that Lincoln issued an arrest warrant for Roger B. Taney, and also claiming that Ex Parte Merryman was a Supreme Court ruling. These people really have no conception about accuracy.
The second problem neoconfederates have is massive hypocrisy. As shown, West Virginia’s admission was in accordance with the Constitution. These people contend, against the facts, that unilateral secession was a power states had. If that is the case, then Virginia was a country of its own, and yet they deny that West Virginia had the power to secede from Virginia. But then I guess their little brains would explode if they actually understood the implications of what they claimed.