Virginia and separate statehood was scheduled for October 24, 1861. 48
âYou have taken the initiative in the creation of a new State,â convention president Arthur Boreman remarked in adjourning the convention. âThis is a step of vital importance.â He continued: âI hope, and I pray God it may be successful; that it may not engender strife in our midst, nor bring upon us difficulties from abroad, but that its most ardent advocates may realize their fondest hopes of its complete success.â From there, it went to the people. However, it did not go to all the people of the State of Virginia. Rather, it was submitted only to the people of the western counties. 49
On October 24, 1861, voters from the thirty-nine counties of the proposed new state of Kanawha (plus voters in Hampshire and Hardy counties, but not the other five under consideration) went to the polls to determine the fate of the proposal for a new state. Considering the importance of the vote, turnout was surprisingly low. Moreover, the vote occurred in only forty one, not forty six, counties. Only about thirty-seven percent of eligible voters chose to cast ballots. 50 Perhaps they recognized a fait accompli ; perhaps they were ambivalent; perhaps they opposed separation from Virginia but were intimidated when it came to standing publicly against the proposal. Still, given its import, participation was low.
When the ballots were counted, 18,408 votes were cast in favor of the new state, while only 781 were opposed. At this election, voters also elected delegates to represent them in a new constitutional convention to design the framework of government for the new state of, as it was still then proposed to be named, Kanawha. 51
On November 26, 1861, delegates met in Wheeling to create a Constitution for the new state. This was the [West Virginia] Constitutional Convention. Issues included the name of the new state, setting its boundaries, and the issue of slavery. 52
Although voters had approved creation of the new state of âKanawha,â many delegates were opposed to the name. Opposition was based on the existence of a county and river already named Kanawha or Kanawa. Newly minted U.S. Senator Waitman T. Willey, who was in attendance, provoked laughter when he observed that some of his constituents might find âKanawahâ [or any of its variations] difficult to spell. Willey then added, âI have no objection to any name that is convenient, though I will say that in this case I think the rose would smell sweeter by some other name.â 53
The comments and issue hardly merited such levity, however. The country was engaged in a bloody civil war. Nevertheless, there was a lengthy debate regarding the best name for the new state. A number of delegates spoke strongly either in favor of or against inclusion of the word âVirginiaâ in the new state name, but âWest Virginiaâ eventually was selected.
Of much greater import, the issue of slavery constantly hung over the convention. On November 30, 1861, Robert Hagar of Boone County called for creation of a âfreeâ state and proposed gradual emancipation within its boundaries. Gordon Battelle of Ohio County, a Methodist minister, proposed forbidding additional slaves from entering the state as well as gradual emancipation for slaves currently located in the new state. But while Battelle and a few others pressed for gradual emancipation, they were unable to convince a majority of delegates to support inclusion of that option in the new state constitution. The final document simply stated, âNo slave shall be brought, or free person of color be permitted to come, into this State for permanent residence.â Yes; no slaves or free blacks were to be allowed. 54
That was hardly a ringing endorsement for the principles of emancipation or racial equality, in contrast to growing sentiment among the dominant so-called âradicalâ Republicans 55