Legal Opinion

Virginia v. West Virginia

Supreme Court of the United States

Decided March 18, 1871PublishedCited by 25 opinions

On original bill to settle the boundary line between the States of Virginia and West Virginia, the case as existing in well-known public history and from the record being thus: A convention professing to represent the State of Virginia, which assembled in Richmond in February, 1861, attempted by a so-called “ ordinance of secession” to separate that State from the Union, and combined with certain other Southern States to accomplish that separation by arms.

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On original bill to settle the boundary line between the States of Virginia and West Virginia, the case as existing in well-known public history and from the record being thus: A convention professing to represent the State of Virginia, which assembled in Richmond in February, 1861, attempted by a so-called “ ordinance of secession” to separate that State from the Union, and combined with certain other Southern States to accomplish that separation by arms. The people of the northwestern part of the State, who were separated from the eastern part by a succession of mountain ranges and had…

1Opinion of the CourtJustice Miller

The first proposition on which counsel insist, in support of the demurrer is, that this court has no jurisdiction of the case, because it involves the consideration of questions purely political; that is to say, that the main question to be decided is the conflicting claims of the two States to the exercise of political jurisdiction and sovereignty over the territory and inhabitants of the two counties which are the subject of dispute..

This proposition cannot be sustained without reversing the settled course of decision in this court and overturning the principles on which several…

2Cited by25 opinions

  1. Wisconsin v. Pelican InsuranceSupreme Court of the United States · 1888
  2. Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894
  3. Coyle v. SmithSupreme Court of the United States · 1911
  4. Missouri v. Illinois & the Sanitary DistrictSupreme Court of the United States · 1900
  5. United States v. TexasSupreme Court of the United States · 1892

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