Virginia v. West Virginia
1871 United States Supreme Court case / From Wikipedia, the free encyclopedia
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This article is about the 1871 case. For the later case, see Virginia v. West Virginia (1911).
Virginia v. West Virginia, 78 U.S. (11 Wall.) 39 (1871), is a 6-3 ruling by the Supreme Court of the United States that held that if a governor has discretion in the conduct of the election, the legislature is bound by his action and cannot undo the results based on fraud. The Court implicitly affirmed that the breakaway Virginia counties had received the necessary consent of both the Commonwealth of Virginia and the United States Congress to become a separate U.S. state. The Court also explicitly held that Berkeley County and Jefferson County were part of the new State of West Virginia.
Quick Facts Virginia v. West Virginia, Decided March 6, 1871 ...
Virginia v. West Virginia | |
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Decided March 6, 1871 | |
Full case name | State of Virginia v. State of West Virginia |
Citations | 78 U.S. 39 (more) |
Holding | |
Where a governor has discretion in the conduct of the election, the legislature is bound by his action and cannot undo the results based on fraud. | |
Court membership | |
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Case opinions | |
Majority | Miller, joined by Chase, Nelson, Swayne, Strong, Bradley |
Dissent | Davis, joined by Clifford, Field |
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