The Constitution of the State of West Virginia is the supreme law of the U.S. state of West Virginia. It expresses the rights of the state's citizens and provides the framework for the organization of law and government. West Virginia is governed under its second and current constitution, which dates from 1872. The document includes fourteen articles and several amendments.
History
The first constitution for the state was written in 1861. Following the secession of Virginia during the American Civil War, Unionist politicians established a "Restored Government" to assert their loyalty to the U.S. In November of that year, delegates from the state's westernmost counties met in convention at Wheeling to form a new state, dubbed West Virginia, and wrote a constitution for that state. In the midst of the war, slavery proved to be one of the main issues at the convention, but delegates sidestepped the question of emancipation and merely prohibited enslaved persons and free persons of color from entering the state. Congress, however, required the state to adopt a policy of gradual emancipation, and with that amendment made, admitted the state into the Union. Significantly, the state's first constitution also abandoned the traditional system of county government found in Virginia and elsewhere in the South. Instead, the drafters of the 1863 document "Yankeefied" the state's local government, establishing a system of townships which resembled that found in New England. In 1869, the Flick Amendment created universal manhood suffrage within the state.
Two years later, the state legislature called for a convention to draft a new constitution, which commenced in 1872. The convention made a number of changes to the preexisting document, including increasing the terms of office for the governor and legislators. As historian Sean Patrick Adams notes, the Flick Amendment empowered conservatives, including former Confederates, who dominated the convention. These conservatives admired the government of Virginia, and the 1872 constitution resembled the 1850 constitution of that state in many ways. County courts became the center of governmental authority, decentralizing the state, and a system of business taxation was also implemented. As of 1995, this document has been amended 66 times, with an additional 46 amendments being rejected. Most amendments have been passed since 1960.
Current constitution (1872)
Preamble
The preamble was added to the constitution in 1960 by referendum.
Article I. Relations to the US Government
Article I defines the state in relation to the federal government. It acknowledges the supremacy of the U.S. Constitution and declares that the state constitution is set out according to the principle that powers not enumerated for the federal government are reserved to the states. This article originated with the 1863 Constitution, reflecting the fact that the state was born out of the Civil War.
Article II. The State
Article II sets out the state's boundaries and defines the rights of citizens. It also deals with issues such as treason, the state seal, and the wording of various legal documents. Due to its origins as a split from the state of Virginia, the eastern boundary laid out in Article II was disputed by the latter state. The boundary claimed by West Virginia was eventually recognized by the U.S. Supreme Court in 1871 with the case Virginia v. West Virginia.
Article III. Bill of Rights
Article III sets out the rights of the state's citizens. Many of the rights found in Article III are also found in the federal Bill of Rights. As a former part of Virginia, that state's Bill of Rights also influenced West Virginia's. The state's bill of rights also contains some provisions not found in either of its antecedents. These include a prohibition on "political tests" such as religious tests or loyalty oaths. This provision arose following the Civil War and was added at the insistence of former Confederates who had been disfranchised following the war. Another provision guarantees students the right to pray in a school but does not mandate school prayer. A federal district court partially struck the section down, saying it violated the Establishment Clause, but the remainder of the provision remains in effect.
Article IV. Election & Officers
Article IV governs state elections and eligibility to hold office. Provisions include eligibility for voting, methods for impeaching or otherwise removing officials, and a guaranteed secret ballot.
Article V. Division of Powers
Article V consists of a single section: