Oregon was preparing for statehood in 1857, as voters had just approved a state constitution. Whiteaker was selected as a Democratic faction's nominee in the first state gubernatorial election, held in June 1858. Whiteaker won by a margin of 1,138, and was innagurated July 8, 1858. He did not assume office until word that Congress had passed Oregon's statehood bill on February 14, 1859. Technicaly, Oregon had two governors in the interrum, as Territorial Governor George Law Curry, was legally in charge until the state government-in-waiting was legally empowererd to take control. 