﻿ Letters and Documents

Abraham Lincoln on the Admission of West Virginia, December, 1862


The consent of the Legislature of Virginia is constitutionally necessary to the bill for the admission of West-Virginia becoming a law. A body claiming to be such Legislature has given it's consent. We can not well deny that it is such, unless we do upon the outside knowledge that the body was chosen at elections, in which a majority of the qualified voters of Virginia did not participate. But it is a universal practice in the popular elections in all these states, to give no legal consideration whatever to those who do not choose to vote, as against the effect of the votes of those, who do choose to vote. Hence it is not the qualified voters, but the qualified voters, who choose to vote, that constitute the political power of the state. Much less than to non-voters, should any consideration be given to those who did not vote, in this case: because it is also matter of outside knowledge, that they were not merely neglectful of their rights under, and duty to, this government, but were also engaged in open rebellion against it. Doubtless among these non-voters were some Union men whose voices were smothered by the more numerous secessionists; but we know too little of their number to assign them any appreciable value. Can this government stand, it if indulges constitutional constructions by which men in open rebellion against it, are to be accounted, man for man, the equals of those who maintain their loyalty to it? Are they to be accounted even better citizens, and more worthy of consideration, than those who merely neglect to vote? If so, their treason against the constitution, enhances their constitutional value! Without braving these absurd conclusions, we can not deny that the body which consents to the admission of West-Virginia, is the Legislature of Virginia. I do not think the plural form of the words "Legislatures" and "States" in the phrase of the constitution "without the consent of the Legislatures of the States concerned &c;" has any reference to the new State concerned. That plural form sprang from the contemplation of two or more old States contributing to form a new one. The idea that the new state was in danger of being admitted without its own consent, was not provided against, because it was not thought of, as I conceive. It is said, the devil takes care of his own. Much more should a good spirit--the spirit of the Constitution and the Union--take care of it's own. I think it can not do less, and live.



