Note 202 — IV VIRGINIA

By a joint resolution, approved March 10, 1866, Congress agreed that both counties formed a part of West Virginia. The parent State, however, by an act of December 5, 1865, had already repealed both the statutes of January 31 and February 4, 1863, as well as section two of the act of May 13, 1862; and on December 11, 1866, a bill in equity was filed in the Supreme Court of the United States in which it was contended that it was not the intention of that State to consent to the annexation of Berkeley and Jefferson counties except upon the performance of certain conditions; the state of the county on election day was such as not to permit the opening of all the polls in Berkeley and Jefferson, nor indeed at any considerable part of the usual election places. The voters did not have adequate notice. In short, a great majority of them were then and now, December, 1866, opposed to annexation. Other irregularities are alleged in the complaint of Virginia. A decision, however, has been rendered by the Supreme Court of the United States in favor of the new Commonwealth. [See Virginia vs. West Virginia, 11 Wall., p. 39; also Transcripts of Records, Supreme Court U. S., Vol. 152, December Term, 1870.]