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Seceding from Secession Lib/E: The Civil War, Politics, and the Creation of West Virginia
"West Virginia was the child of the storm," concluded early Mountaineer historian and Civil War veteran, Maj. Theodore F. Lang. The northwestern third of the Commonwealth of Virginia finally broke away in 1863 to form the Union's 35th state. In Seceding from Secession: The Civil War, Politics, and the Creation of West Virginia, authors Eric J. Wittenberg, Edmund A. Sargus, and Penny L. Barrick chronicle those events in an unprecedented study of the social, legal, military, and political factors that converged to bring about the birth of the West Virginia.
President Abraham Lincoln, an astute lawyer in his own right, played a critical role in birthing the new state. The constitutionality of the mechanism by which the new state would be created concerned the president, and he polled every member of his entire cabinet before signing the bill. Seceding from Secession includes a detailed discussion of the 1871 U.S. Supreme Court decision Virginia v. West Virginia, in which former Lincoln cabinet member Salmon Chase presided as chief justice over the court that decided the constitutionality of the momentous event.
Seceding from Secession is grounded in a wide variety of sources and persuasively presented. Add in a brilliant Foreword by Frank J. Williams, former Chief Justice of the Rhode Island Supreme Court and Chairman Emeritus of the Lincoln Forum, and it is an indispensable source for everyone interested in understanding the convergence of military, political, social, and legal events that brought about the birth of the state of West Virginia.
President Abraham Lincoln, an astute lawyer in his own right, played a critical role in birthing the new state. The constitutionality of the mechanism by which the new state would be created concerned the president, and he polled every member of his entire cabinet before signing the bill. Seceding from Secession includes a detailed discussion of the 1871 U.S. Supreme Court decision Virginia v. West Virginia, in which former Lincoln cabinet member Salmon Chase presided as chief justice over the court that decided the constitutionality of the momentous event.
Seceding from Secession is grounded in a wide variety of sources and persuasively presented. Add in a brilliant Foreword by Frank J. Williams, former Chief Justice of the Rhode Island Supreme Court and Chairman Emeritus of the Lincoln Forum, and it is an indispensable source for everyone interested in understanding the convergence of military, political, social, and legal events that brought about the birth of the state of West Virginia.
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First published June 9, 2020
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Displaying 1 - 26 of 26 reviews
April 2, 2025
Interesting History!
The saga of the birth of West Virginia in the middle of secession, occupation and war is a fascinating tale that is largely unknown outside of Virginia and West Virginia.
The torturous logic that results from secession is multiplied by double secession and politicians do seem to thrive in torturous logic!
I believe that Abraham Lincoln made the right decision to admit West Virginia. If the secessionists were correct in their statements that Virginia was part of a new nation, then what was left of Virginia that remained loyal was entitled to recognition.
Great book!
The saga of the birth of West Virginia in the middle of secession, occupation and war is a fascinating tale that is largely unknown outside of Virginia and West Virginia.
The torturous logic that results from secession is multiplied by double secession and politicians do seem to thrive in torturous logic!
I believe that Abraham Lincoln made the right decision to admit West Virginia. If the secessionists were correct in their statements that Virginia was part of a new nation, then what was left of Virginia that remained loyal was entitled to recognition.
Great book!
January 9, 2022
This treatise on West Virginia's founding is a bit dry with all the quotation from all the legalese however accurate it may be to its meaning. Otherwise, it gives the sides of the issues leading to Virginia's split and how the players involved acted a dispassionate view. Since West Virginia's split occurred during the Civil War, Constitutional questions would continue to complicate the Federal governments role and its navigation. At the latter end, the people of West Virginia had no popular or constitutional reason to reconnect with Virginia.
November 6, 2025
How West Virginia carved itself off of a seceding Virginia (hence the "seceding from secession" title) continues to be a topic of conversation among historians and disgruntled confederate reincarnates. Wittenberg and his co-authors have provided the definitive examination of the political upheaval that led to it happening. After Virginia seceded, the northwestern counties of the state - which identified more with its northern trading partners than the eastern Virginia plantation owners - they began the process of separation from what they considered treasonous actions of the main state. What followed was years of debate within the primordial state, within Congress, and within the White House as everyone wrestled with the constitutional and expediency issues of such an unprecedented action. All of this is brought out in great detail.
All three of the authors are lawyers (Wittenberg is also a respected Civil War historian) so much of the book feels like a trial brief. Indeed, not only do they quote lengthy passages from key documents, but they also provide a series of appendices with full transcriptions of the extensive opinion letters of each of the cabinet members advising Lincoln on the matter, the full complaint of Virginia trying to reclaim parts of the new state after the war, the Supreme Court decision, and even a modern attempt to move yet another county of Virginia into West Virginia.
Overall, the book provides a complete story of how West Virginia came to be, but also a detailed resource for historians studying the topic.
David J. Kent
Author, "Lincoln: The Fire of Genius" and the forthcoming "Unable to Escape This Toil"
Past President, Lincoln Group of DC
All three of the authors are lawyers (Wittenberg is also a respected Civil War historian) so much of the book feels like a trial brief. Indeed, not only do they quote lengthy passages from key documents, but they also provide a series of appendices with full transcriptions of the extensive opinion letters of each of the cabinet members advising Lincoln on the matter, the full complaint of Virginia trying to reclaim parts of the new state after the war, the Supreme Court decision, and even a modern attempt to move yet another county of Virginia into West Virginia.
Overall, the book provides a complete story of how West Virginia came to be, but also a detailed resource for historians studying the topic.
David J. Kent
Author, "Lincoln: The Fire of Genius" and the forthcoming "Unable to Escape This Toil"
Past President, Lincoln Group of DC
Read
June 15, 2020Fantastic Historical read. Enjoyed every minute of it.
Well researched and a story well told. I would recommend
this book to anyone. You do not have to be a History buff to
read it. The pages almost turn themselves.
Well researched and a story well told. I would recommend
this book to anyone. You do not have to be a History buff to
read it. The pages almost turn themselves.
January 18, 2026
I really enjoyed reading of how West Virginia came to be and all the battles and lawsuits to keep it a independent state.
May 27, 2021
This was an interesting book on how the state of West Virginia came to be. The middle and end part has too much political jargon for my liking, but overall, I did love the book on West Virginia's early history.
March 10, 2021
Thououghly enjoyed this Historic read. Very well researched and a story well told. Once you start reading it is hard to put down.
December 20, 2020
My friend, Federal Judge Sargus warned me that this is a book written by three lawyers highlighting the legal side of the creation just south of us. He lived in an Ohio boarder community, St. Clairsville, for some time before finally moving to Columbus soon after serving as a federal judge for years. I know he loved his hometown area, on both sides of the boarder so that moved his book into my set order of books to read. The book didn't disappoint.
The book illustrates to me that the election for statehood was not fair since two anti-secession counties did not adequately have an opportunity to vote but it was during the civil war and the rest of the state was taking sides that the western half didn’t want to comply. The book makes a good point that a major reason for Lincoln siding with the division was keeping control of the railroad – the transported troops and supplies quickly for lengthy trips during a war. Lincoln mentioned that the war was a factor.
Western Virginia had long grievances with the state, mentioned in the book but not a point of concentration. Slavery was much less, for various reasons, in the western part. Commerce was much more flowing with Pennsylvania and Ohio than their own state due to geography. Taxes were set up to favor the eastern portion of the state, where the votes – and slaves, resided. The Baltimore and Ohio Railroad, that started in 1828, was critical during the war and of major consequence to winning Lincoln’s war. That’s why it was surprising to me when half of his cabinet – a total of only six men in those days – split when asked for advice, leaving Lincoln to say, a “President is as well off without a Cabinet as with one.”
The book highlights what reading Goodwin’s book, “A Team of Rivals” taught me – Lincolns misfit leaders within his cabinet, four who ran against him were “dysfunctional.” The “Radical Republicans” were a group where I would probably fit in well but fought with others in Lincoln’s unusual collection. Ironically, Chase sided twice on the fate of West Virginia – in Lincoln’s cabinet and then as a voting member of the U.S. Supreme Court; it’s shocking that he didn’t recuse himself from that vote. But he didn’t.
The prize of the book was the rich historical documents that were heavily used and sourced, including the footnotes and even endnotes. There were many rich direct quotes that didn’t just highlight the feelings about splitting Virginia but about the times. For example, one term Congressman John Carlile saying, “It is useless to cry peace where there is no peace; and I will for will repeat what was said by one Virginia’s noblest sons and greatest statement, ‘Give me liberty or give me death.’” Another quote I liked was from William Willey reflecting on the time saying, “Mr. Carlile’s scheme for the formation of a new State was purely revolutionary in its entire conception. But this was a time of revolution. It was in the air.” Finally what Francis Piepont said, “The time for voting is past, the time for fighting has arrived.”
No wonder when the two sides hesitantly put down their arms after so many Americans from both sides lost their lives, those permitted to vote did so at the highest levels ever. The book touched on those emotions, especially with so many rich documents.
If I lived in West Virginia or Virginia and had any concern about history, this would be a book that I would definitely read. I read this book because a friend wrote it. While the geography touches on Ohio and has some impact, it’s not Ohio and not a book I would otherwise read but glad I did. It indicated the sensitivities that Lincoln had to negotiate, the problems of having an unusual cabinet, and the times of conflict in our nation, even greater than today.
The book illustrates to me that the election for statehood was not fair since two anti-secession counties did not adequately have an opportunity to vote but it was during the civil war and the rest of the state was taking sides that the western half didn’t want to comply. The book makes a good point that a major reason for Lincoln siding with the division was keeping control of the railroad – the transported troops and supplies quickly for lengthy trips during a war. Lincoln mentioned that the war was a factor.
Western Virginia had long grievances with the state, mentioned in the book but not a point of concentration. Slavery was much less, for various reasons, in the western part. Commerce was much more flowing with Pennsylvania and Ohio than their own state due to geography. Taxes were set up to favor the eastern portion of the state, where the votes – and slaves, resided. The Baltimore and Ohio Railroad, that started in 1828, was critical during the war and of major consequence to winning Lincoln’s war. That’s why it was surprising to me when half of his cabinet – a total of only six men in those days – split when asked for advice, leaving Lincoln to say, a “President is as well off without a Cabinet as with one.”
The book highlights what reading Goodwin’s book, “A Team of Rivals” taught me – Lincolns misfit leaders within his cabinet, four who ran against him were “dysfunctional.” The “Radical Republicans” were a group where I would probably fit in well but fought with others in Lincoln’s unusual collection. Ironically, Chase sided twice on the fate of West Virginia – in Lincoln’s cabinet and then as a voting member of the U.S. Supreme Court; it’s shocking that he didn’t recuse himself from that vote. But he didn’t.
The prize of the book was the rich historical documents that were heavily used and sourced, including the footnotes and even endnotes. There were many rich direct quotes that didn’t just highlight the feelings about splitting Virginia but about the times. For example, one term Congressman John Carlile saying, “It is useless to cry peace where there is no peace; and I will for will repeat what was said by one Virginia’s noblest sons and greatest statement, ‘Give me liberty or give me death.’” Another quote I liked was from William Willey reflecting on the time saying, “Mr. Carlile’s scheme for the formation of a new State was purely revolutionary in its entire conception. But this was a time of revolution. It was in the air.” Finally what Francis Piepont said, “The time for voting is past, the time for fighting has arrived.”
No wonder when the two sides hesitantly put down their arms after so many Americans from both sides lost their lives, those permitted to vote did so at the highest levels ever. The book touched on those emotions, especially with so many rich documents.
If I lived in West Virginia or Virginia and had any concern about history, this would be a book that I would definitely read. I read this book because a friend wrote it. While the geography touches on Ohio and has some impact, it’s not Ohio and not a book I would otherwise read but glad I did. It indicated the sensitivities that Lincoln had to negotiate, the problems of having an unusual cabinet, and the times of conflict in our nation, even greater than today.
This entire review has been hidden because of spoilers.
November 27, 2022
This book covers the history of West Virginia's creation during the American Civil War, from Virginia's secession in 1861 and the pro-Union movement in the western part of the state through the Wheeling conventions and debates over the potential statehood that is ultimately achieved in 1863. A few later chapters cover a postwar lawsuit by Virginia against West Virginia about the status of Berkeley and Jefferson Counties in the eastern panhandle. The B&O Railroad is a major influence on West Virginia's creation and the postwar lawsuit gets tied up in Reconstruction politics.
The total page count is 268 pages, the main text is only 186 pages, and those are heavily footnoted. The bulk of the supplemental text are primary sources. Legal documents are quoted at length throughout the book. As a result, it feels much shorter than it might seem. The antebellum differences between Virginia east and west of the Appalachians that lead to the wartime split are also covered in a mere six pages. I would have liked to see more
Although published by Savas-Beatie (a specialist in Civil War titles), I think this could be mistaken for something from a university press. Of the three authors, two are lawyers and the third is a judge. It's extensively researched, well-cited, and very informative, but feels a bit dry and the extended quotations are not personally some I care for. It feels a bit too matter-of-fact; I got a sense of "the matter was legally settled long ago" without what, to me, was a surprising lack of modern reconsideration of the issues.
I do give this a mild recommendation, particularly to those interested in the political aspects of the American Civil War, legal history, or anyone with a strong interest in West Virginia history. I found it less compelling that Wittenberg's military histories, but I don't regret reading it and I look forward to a forthcoming work by the same authors about the history and legality of secession (from colonial America through the Confederacy).
The total page count is 268 pages, the main text is only 186 pages, and those are heavily footnoted. The bulk of the supplemental text are primary sources. Legal documents are quoted at length throughout the book. As a result, it feels much shorter than it might seem. The antebellum differences between Virginia east and west of the Appalachians that lead to the wartime split are also covered in a mere six pages. I would have liked to see more
Although published by Savas-Beatie (a specialist in Civil War titles), I think this could be mistaken for something from a university press. Of the three authors, two are lawyers and the third is a judge. It's extensively researched, well-cited, and very informative, but feels a bit dry and the extended quotations are not personally some I care for. It feels a bit too matter-of-fact; I got a sense of "the matter was legally settled long ago" without what, to me, was a surprising lack of modern reconsideration of the issues.
I do give this a mild recommendation, particularly to those interested in the political aspects of the American Civil War, legal history, or anyone with a strong interest in West Virginia history. I found it less compelling that Wittenberg's military histories, but I don't regret reading it and I look forward to a forthcoming work by the same authors about the history and legality of secession (from colonial America through the Confederacy).
June 5, 2024
Who Knew?
So many details, so many documents, so much research, and so much relevance create a focused and effective history, history not commonly known. West Virginia’s origin, forever tied to the Civil War, tested Lincoln and his loyalty and interpretation of The Constitution. That a state could divide itself when one part favored secession, while another part remained loyal set a precedent that government leaders on all sides feared.
The Virginia state’s clear and decisive distinction in division based on geography, resources, demographics, and values had endured from the revolutionary origins throughout its history. The looming Civil War ignited the state to move to divide and redefine its state, to create a new state.
That a county now seeks to vote to choose to become a part of Virginia or West Virginia looms even now. As our nation battles views on history and races, learning such history matters and helps. As citizens, we need to know our past, remember it, understand it, and teach it so we can protect a democracy we have fought to maintain and protect.
So many details, so many documents, so much research, and so much relevance create a focused and effective history, history not commonly known. West Virginia’s origin, forever tied to the Civil War, tested Lincoln and his loyalty and interpretation of The Constitution. That a state could divide itself when one part favored secession, while another part remained loyal set a precedent that government leaders on all sides feared.
The Virginia state’s clear and decisive distinction in division based on geography, resources, demographics, and values had endured from the revolutionary origins throughout its history. The looming Civil War ignited the state to move to divide and redefine its state, to create a new state.
That a county now seeks to vote to choose to become a part of Virginia or West Virginia looms even now. As our nation battles views on history and races, learning such history matters and helps. As citizens, we need to know our past, remember it, understand it, and teach it so we can protect a democracy we have fought to maintain and protect.
March 24, 2021
I had known that West Virginia's founding as a state was controversial, just not THIS much of a problem. For whatever reason, I do not recall the then-mandatory (as in, when I was in 8th grade an eon ago) West Virginia History class teaching all of the chicanery involved in creating the 35th state of the union. Heck, I had long though that Virginia was largely indifferent to West Virginia's leaving, but have been proven wrong in this wonderful, wonderful book.
Truly, for Civil War buffs or US History folks, beyond even my fellow native West Virginians, this is a very fast-paced read on what had to be done to create a new state out of another one, even one in rebellion. Lincoln had his qualms, his cabinet was equally divided, senators were against it, it took some doing, but on June 20, 1863, it became reality.
Then it went to court. A bunch. I will not spoil all of it here, but suffice to say WV won, but the nature of it all was amusing.
Truly, for Civil War buffs or US History folks, beyond even my fellow native West Virginians, this is a very fast-paced read on what had to be done to create a new state out of another one, even one in rebellion. Lincoln had his qualms, his cabinet was equally divided, senators were against it, it took some doing, but on June 20, 1863, it became reality.
Then it went to court. A bunch. I will not spoil all of it here, but suffice to say WV won, but the nature of it all was amusing.
Read
July 2, 2020Normally when I think of histories of the war to add to my library I focus on battles and personalities. I would never have thought to read this but for noticing the name of one of the best Civil War historians who was uniquely perfect for the writing team due to his law degree AND knowledge of the war...a double bonus.
Beautifully written and highly appropriate for reading in a time when secession and civil war are on the news daily. A passage about voting in chapter three stuck with me and has remained in my mind in the succeeding weeks.
Buy this one..you’ll understand why the topics under discussion in West Virginia are so perfect for today’s political climate.
If nothing else, everything turned out all right in the end.
Beautifully written and highly appropriate for reading in a time when secession and civil war are on the news daily. A passage about voting in chapter three stuck with me and has remained in my mind in the succeeding weeks.
Buy this one..you’ll understand why the topics under discussion in West Virginia are so perfect for today’s political climate.
If nothing else, everything turned out all right in the end.
September 29, 2022
As a native West Virginian I have been exposed to “both sides” of the statehood debate. The one side says WV is the only state created in violation of the Constitution because its Virginia parent did not consent. The other side says its creation was fully Constitutional owing to the Restored Government of Virginia being the instigator.
For the first time, this highly readable and well researched history untangles the web. I won’t reveal the conclusion here.
And just so you know, fully a third of the book is devoted to original documents referenced in the text. A very illuminating collection.
For the first time, this highly readable and well researched history untangles the web. I won’t reveal the conclusion here.
And just so you know, fully a third of the book is devoted to original documents referenced in the text. A very illuminating collection.
April 1, 2021
This book provided such a fantastic read that I could not put it down. Finishing it in under two days. This research based book provides and in-depth look into how and why West Virginia became the 35th State and the long legal battle that ensued with Virginia over the validity of it. This work is easily approachable for those not used to academic writing but provides a great understanding of the source material and leaves the reader satisfied.
June 18, 2021
A thorough examination of West Virginia's secession from Virginia during the Civil War. Unlike most accounts of this subject, which focus on the political and military aspects of the split, this book focuses more on the legal machinations, and attempts to address the question, "was it legal?" An interesting read for those wanting a new perspective on the story.
January 13, 2026
This was definitely written by lawyers; it is very wordy with a lot of "legalese". But through that, I learned a lot about the creation of West Virginia and how it's secession from Virginia shaped the Civil War and America, post-war. The audiobook really helped me get through the more difficult language. 3.5/5 stars 🌟
May 3, 2021
Enjoyed reading how West Virginia came about but I couldn’t help feel it was written for those who lived or are living in the state. Maps were a little confusing and hard to associate with the writing.
July 9, 2024
A very interesting topic but boy is this book written by lawyers for lawyers. Lengthy quotations, odd footnotes, diversions into minutiae give the book the style of a brief. Really, really should have had a non-lawyer involved. It’s a great story but the story gets lost here.
July 29, 2024
This book is VERY dry. It is clearly a law book written by lawyers. At the same time, you can feel the authors' excitement about the topic. It contains some very important history of the Civil War which is not typically studied. I recommend it.
January 11, 2026
Very good book on West Virginia's creation
I don't remember ever discussing the creation of West Virginia. While I believe the two areas are different, I don't believe this would have occurred if the Civil War had not been occurring during this time.
I don't remember ever discussing the creation of West Virginia. While I believe the two areas are different, I don't believe this would have occurred if the Civil War had not been occurring during this time.
March 10, 2021
Pretty cool story on the formation of WV. Well researched, just not the best written book I’ve ever enjoyed.
November 20, 2023
Thoroughly researched and well documented. It was interesting to read the shenanigans Congress pulled on the SupremeCourt during the A.Johnson administration.
May 15, 2024
Very interesting look at the creation of West Virginia.
April 16, 2025
Excellently done.
October 14, 2024
Written by multiple lawyers, this book reads more like organized research and less like a book you want to read all the way through. It was not written by West Virginians which may have leant to the book lacking a point of view. I would love to see the immense research done for this book be leant to a more readable telling of this history.
June 7, 2023
Tends more towards the legal history of WV's path to statehood, and thus a tad dry in terms of a human, narrative arc. But informative and well researched.
Displaying 1 - 26 of 26 reviews