Who ratified the Constitution?
Each of the 13 newly-independent States held conventions to determine whether to scrap the Articles of Confederation and replace it with the Constitution. All of them eventually did, making moot the point of whether the constitution was itself unconstitutional, since it was in effect, an amendment of the Articles, which required unanimous consent for that. The constitution said it would take effect once 9 state signed up. Rhode Island was the last hold out of the original 13. By the time it ratified, George Washington had been President for more than a year. Vermont, which had not yet come into existence when the Constitution was drafted, sign on soon thereafter.