February 17, 1863: W.Va. Constitutional Convention Adopts the Willey Amendment

On February 17, 1863, the West Virginia Constitutional Convention adopted the Willey Amendment, which settled the issue of slavery and paved the way for West Virginia to become the 35th state.

While slavery was relatively uncommon in most parts of the new state, West Virginia did have about 18,000 slaves—contrasted with a half-million living in Virginia. Although the issue was hotly debated at times, West Virginia’s founders ultimately decided to allow slavery within its borders. However, the issue was unacceptable to Congress, which had to approve West Virginia statehood. The so-called Radical Republicans in the U.S. Senate refused to admit another slave state without significant restrictions.

Senator Waitman Willey of Morgantown stepped in with a proposal. Working with fellow Republicans in the Senate, Willey formulated a compromise that allowed slavery in the state but provided for gradual emancipation over time. Since the Willey Amendment wasn’t part of the original statehood plan, the West Virginia Constitutional Convention had to be called back into session to approve the compromise. The convention’s approval cleared the last hurdle for West Virginia to become a state.

February 3, 1865: Governor Arthur Boreman Signs Legislative Act Banning Slavery in W.Va.

On February 3, 1865, West Virginia Governor Arthur Boreman signed a legislative act banning slavery in the state. A common misconception is that West Virginia entered the Union in 1863 as a free state.

 However, in reality, it was the last slave state ever admitted to the Union. While most state founders wanted to allow slavery without restrictions, Congressional Republicans threatened to block West Virginia’s statehood efforts over the issue. A compromise, known as the Willey Amendment, provided for the gradual emancipation of most, but not all, slaves in the new state.

While slavery had existed in Western Virginia from the earliest days of settlement, it never prospered on a widespread basis. By 1860, Western Virginia was home to fewer than 20,000 slaves, compared to some half-a-million living in present-day Virginia. This disparity was due largely to Western Virginia’s rugged terrain, which produced small farms as opposed to the sprawling slave plantations of Virginia’s Tidewater region. 

When West Virginia became a state, two-thirds of the slaves were concentrated in Jefferson, Berkeley, Kanawha, Hampshire, and Greenbrier counties. The new state was also home to nearly 3,000 free blacks.
 

October 11, 1811: State Founder Waitman Willey Born

State founder Waitman Willey was born near Farmington in Marion County on October 11, 1811. He opened his first law practice in Morgantown in 1833 and served as Monongalia County Court clerk for more than a decade.

Willey gained statewide attention for his “Liberty and Union” speech at the 1850-51 Virginia Constitutional Convention. At the start of the Civil War, he spoke passionately against secession and war. After Virginia seceded from the Union, Willey was elected to represent the loyal citizens of Virginia in the U.S. Senate.

Although he initially opposed breaking away from Virginia and forming a new state, he gradually switched his views and negotiated a key compromise on slavery, known as the Willey Amendment, that allowed West Virginia to join the Union. He then served as one of West Virginia’s first two U.S. senators from 1863 to 1871.

Although Willey had owned slaves before the war, he moderated his views on the subject and spoke eloquently for African-American suffrage at West Virginia’s Constitutional Convention in 1872.

Sometimes called the Father of West Virginia, Waitman Willey died in Morgantown in 1900 at age 88.

October 11, 1811: State Founder Waitman Willey Born

State founder Waitman Willey was born near Farmington in Marion County on October 11, 1811. He opened his first law practice in Morgantown in 1833 and served as Monongalia County Court clerk for more than a decade.

Willey gained statewide attention for his “Liberty and Union” speech at the 1850-51 Virginia Constitutional Convention. At the start of the Civil War, he spoke passionately against secession and war. After Virginia seceded from the Union, Willey was elected to represent the loyal citizens of Virginia in the U.S. Senate.

Although he initially opposed breaking away from Virginia and forming a new state, he gradually switched his views and negotiated a key compromise on slavery, known as the Willey Amendment, that allowed West Virginia to join the Union. He then served as one of West Virginia’s first two U.S. senators from 1863 to 1871.

Although Willey had owned slaves before the war, he moderated his views on the subject and spoke eloquently for African-American suffrage at West Virginia’s Constitutional Convention in 1872.

Sometimes called the Father of West Virginia, Waitman Willey died in Morgantown in 1900 at age 88.

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