report of Mr. Campbell Tarr, their delegate to Richmond. From Harrison came Hon. John S. Carlile, who, like Mr. Tarr, narrowly escaped with his life from that city, where he had represented his county in the convention. They reported the proceedings of that body and urged immediate preparation to resist. As a result of this discussion a committee of four was appointed to procure arms and ammunition in Washington. En route thither they had an interview at Harrisburg with Governor Curtin, who not only expressed sympathy with their object, but promised assistance if necessary. On arriving at the national capital they called upon Hon. Edwin M. Stanton, who was a native of Steubenville, Ohio, and a warm personal friend of each member of the committee. They were immediately presented to Mr. Cameron, Secretary of War, who, on learning the purpose of their visit, manifested some hesitation as to his legal right to comply with their request. Upon this Mr. Stanton declared with emphasis that the law of necessity gives the right," and added, "let them have arms and ammunition; we will look for the book law afterwards." * Two thousand rifles with suitable ammunition were then furnished, and as security for their proper use Mr. Stanton tendered his own name. From Wellsburgh, where they were temporarily kept in expectation of a rebel attack, these arms were sent for distribution to Wheeling.

United States troops from Ohio and Indiana together with local volunteers soon drove the Confederate forces from this region, and subsequently, though often menaced, it was almost exempt from the ravages of war.2 Thus encouraged, Union men resolved to form a political organization coextensive with Virginia or to establish a separate and distinct State. Preliminary movements toward that end were promptly inaugurated, and, April 22, 1861, five days after the passage of 'The Formation of West Virginia, p. 42. * Ann. Cycl., 1861, pp. 742-743.

the ordinance, nearly 1,200 citizens of Clarksburgh denounced in a public meeting the action of the secession convention and recommended the people of northwestern Virginia to assemble on May 13 at Wheeling. On the 4th a Union mass meeting had been held at Kingwood, near the northern border. The separation of western from eastern Virginia was declared by this body to be essential to the maintenance of their liberties. They also resolved to elect a Representative to Congress. On the following day there convened at Wheeling another assemblage, which considered the question of separating from that portion of the State in rebellion. About the same time other gatherings were held in different localities.

On

There were thousands of eager and earnest patriots in the city of Wheeling on May 13, when nearly four hundred delegates, mostly appointed by primary meetings, and representing twenty-six counties, assembled to deliberate on the situation. The best method of organizing opposition to treason was the question: how to inaugurate a government which the Federal authorities would recognize and protect?1 this important subject there is said to have been considerable diversity of opinion; the decision finally reached was based upon a suggestion by one of the members that since Governor Letcher and other State officers, by adhering to the pretended ordinance of secession, had forfeited their powers, and the existing constitution made no provision for such an emergency, the only way was to ask the people, the source of all political power, to send delegates to a convention authorized to supply their places with loyal men. This proposal was presented to the meeting and adopted with great unanimity.2 A General State Committee, empowered to appoint sub-committees in all counties where practicable, was then named, The Formation of West Virginia, p. 43.

and a stirring address put forth. It announced their purpose and urged all loyal citizens to elect representatives to a second convention. Copies of this appeal were sent to influential citizens throughout the State, and it was agreed after a session of three days to choose on May 26 delegates to the proposed convention.

This election having been held at the time appointed, representatives from nearly forty counties assembled at Wheeling on June 11. The convention, numbering 98 members, organized by selecting for its president Hon Arthur I. Boreman. Before proceeding to business the following oath was administered to the delegation from each county: "We solemnly declare that we will support the Constitution of the United States and the laws made in pursuance thereof, as the supreme law of the land, anything in the Ordinance of the Convention that assembled in Richmond on the 13th day of February last to the contrary notwithstanding, so help us God." The State government was reconstituted on the 13th by an ordinance declaring vacant all places, whether legislative, executive or judicial, whose incumbents had espoused the cause of secession. This class, as already observed, included nearly every official in Virginia. These vacancies the convention supplied by the appointment of loyal men. In the constitution they made an important alteration which prescribed the number of delegates necessary to constitute a quorum in the General Assembly. All State, county and town officials were required to take an oath of allegiance which pledged support of both the Federal Constitution and the restored government of Virginia. On June 17 a declaration of independence was adopted without one dissenting voice; it denounced the usurpation of the Richmond convention, which had assumed to place the resources of Virginia at the disposal

1

1 Ann. Cycl., 1861, p. 743; The Formation of West Virginia, p. 45, gives the oath in a form slightly different.

of the Confederate Government, to which power it repudiated allegiance. Resolutions expressing a determination never to submit to the ordinance of secession, but to maintain the rights of Virginia in the Union, were then passed. All persons in arms against the national Government were commanded to disband and to return to their allegiance. Though the members seriously endeavored to reorganize their government, it was with an express declaration that a division of the Commonwealth was a paramount object of their labors, and they decided, June 20, by a unanimous vote in favor of ultimate separation.

Under an ordinance previously adopted Hon. Francis H. Pierpont was chosen Governor on the same day; a lieutenantgovernor, an attorney-general and an executive council of five were also appointed. Other administrative offices were subsequently filled. The new incumbents were to exercise their functions for six months or until successors should be elected and qualified. The convention on June 25, subject in an emergency to be re-assembled by the Governor and Council, then adjourned to August 6, 1861.

Before concluding this session the convention directed all members willing to swear fealty to the Union, who were elected to the assembly on May 23 preceding, to meet on the 1st of July at Wheeling. At the time of their election these representatives were destined for Richmond. In addition to those regularly chosen under the old law of the Commonwealth, others pursuant to an ordinance of the convention. were elected to fill vacancies. All were to qualify themselves by taking an oath or affirmation of allegiance to the United States and to the reorganized government of Virginia. These members, chiefly from the western counties, were to compose the law-making body, which was invested with all the powers and duties pertaining to the General Assembly.

The new Governor was inaugurated on June 20, and, after

taking the oath of office, said: "We have been driven into the position we occupy to-day by the usurpers at the South, who have inaugurated this war upon the soil of Virginia, and have made it the great Crimea of this contest. We, representing the loyal citizens of Virginia, have been bound to assume the position we have assumed to-day for the protection of ourselves, our wives, our children, and our property. We, I repeat, have been driven to assume this position; and now we are but recurring to the great fundamental principle of our fathers, that to the loyal people of a State belongs the law-making power of that State. The loyal people are entitled to the government and governmental authority of the State. And, fellow-citizens, it is the assumption of that authority upon which we are now about to enter." 1

"It was not the object of the Wheeling convention," he declared on a later occasion, "to set up any new government in the State, or separate, or other government than the one under which they had always lived."2

From these utterances his hearers must have concluded that the reorganized government was not for a part but for the whole of Virginia. Indeed, it was to the discernment of Mr. Pierpont that Virginia loyalists were chiefly indebted for a legal solution of the intricate problem that confronted them. While Carlile and others were urging a counter-revolution, Mr. Pierpont was carefully studying the provisions of the Federal Constitution. The clause of that instrument which guarantees a republican form of government was designed, he believed, to meet just such an emergency as had arisen. Though this conservative suggestion was not at first received with much favor, it continued gradually to win adherents until its propriety was universally recognized. By thus proceed

1 Ann. Cycl., 1861, p. 743.

* Ann. Cycl., 1862, p. 801.

'Mr. A. W. Campbell in The Wheeling Daily Intelligencer, April 14, 1897.