It would have been if the state of Virginia was still reporting to Washington.
But seceding from a rebel state in order to re-join the Union could not be criticised on constitutional grounds - except concerning the constitution of the Confederacy.
Because Virginia was a slave state.
Virginia Was The Fifth State To Sign The Constitution.
Virginia
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Virginia
Without compromise, the US Constitution would never have been adopted. A good example of this occurred in the debate regarding the Virginia Plan vs the New Jersey Plan. Virginia, as a big state, wanted representation based on state population while New Jersey, a small state, wanted an equal number of representatives from each state. This resulted in the creation of our 2-house legislature.