Page:United States Reports, Volume 209.djvu/555

 VIRGINIA . WEST VIRGINIA. its legality and regularity beyond the power of judicial revi ew and made valid its acts ob initio. But for that "Restored State of V'ui'nta," and. its recognition by the political dpart- ments of the Federal. Government, there would have been no government of Virginia under the Constitution of the United Statee from April, 1861, to the cloe of the war. The ordlngnce of the Wheeling convention of 1861, which was the genesis of' the State of West Virginia, and the adoption of it constitution, are, from the tandpoint of law, as clearly acts of the Common- wealth of Virni,, as. if they had taken place in 1851 instead of in 1861. An agreement between States, such as this special agree- ment in respect to the proportion of the debt of Virginia which was to be asstuned by the State of West Virginia, when con- sented to by Congrs, binds the citizens of both State, and. is irrevocable by either party. Where the legislation of either has attempted to impair the obligation of a compact, it has been held void under the Constitution of the United States. Crreene v. Biddle, 8 Wheat. 1; Rhode Island v. Masachse, 12 Peters, 748, and cases cited. The Wheeling 9rdiaance was carried into the constitution 'of West Virginia as follows: "ARcLE VIII. Section 8. An .equitable proportion of the public debt of the Commonwealth of Virgini prior to the 1st day of January, 1861, shall be assumed by this State, and the Legislature shall ascertain th.e same as soon as may be practicable, and provide for the liquidation thereof by a sink ing fund sufficient to pay the accruing interest and to redeem the principal within thirty-four years." The convention assembled within ninety days after the adoption of the ordinance. Its sole warrant for assembling was the ordlrmnce. Its authority to frame the constitution was derived from the ordirume. The ordinance as a whole was a proposition to that convention and, as a whole, was accepted by the convention. The convention complied with all the provisions of the ordinance. The constitution was framed to

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