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West Virginia was part of the colony (and later the State) of Virginia. When Virginia declared its secession from the United States in 1861, many of the western counties of the state - having very distinct economic interests from the plantation-dominated eastern regions, and, it should be noted, living under occupation by Union forces - seceded, in turn, from the State of Virginia.

The admission into the Union of the new State in 1862 was highly controversial, and probably illegal. (Abraham Lincoln felt it to be so, but supported the admission on the basis of wartime exigency.) The existence of West Virginia as a state is somewhat problematic, and its legitimacy questionable - but is generally accepted by almost everyone today. It raises very convoluted questions about the legitimacy of both the Union and of secession as a general principle.

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