If not putative, then perhaps dubious.
In June 1861, the northwest Virginia counties (approximately 1/4 of the
total in Virginia) at a convention in Wheeling declared themselves to be the
"restored government of Virginia," electing Francis Pierpont as governor. At
the same time, another convention also in Wheeling, and also representing
essentially the same counties, was proceeding to establish the "new state"
of West Virginia. The "restored government of Virginia" voted to approve the
"new state of West Virginia." In June, 1863, Congress recognized the "new
state." Pierpont's "restored government" was now in the wrong state, so he
moved it to Alexandria, which was under the control of the Union. The
"Constitution of 1864" was adopted by a convention of 14 counties and three
cities, each represented by one delegate, but it was never submitted to a
public referendum. The "restored government" was a charade, recognized by
the federal administration as an expedient in the war. As part of the
constitutional history of Virginia, the Constitution of 1864 is largely
ignored (See references in Commentaries on the Constitution of Virginia, by
Howard). When the Virginia government in Richmond fell in April 1865,
Pierpont moved to Richmond and Pres. Andrew Johnson by Executive Order
declared the "restored government" as the official government of Virginia.
However in 1867, Congress passed the Reconstruction Acts, created a military
district to govern Virginia, and effectively ended the Pierpont
administration and the Constitution of 1864. Virginia later adopted the
Constitution of 1869.
Richard E. Dixon
-----Original Message-----
From: Discussion of research and writing about Virginia history
[mailto:[log in to unmask]] On Behalf Of Bearss, Sara (LVA)
Sent: Thursday, December 03, 2009 2:40 PM
To: [log in to unmask]
Subject: Re: [VA-HIST] Constitution of 1864
There's no "putative" about it--Virginia did have an effective
Constitution of 1864.
The Virginia Convention of 1864, called by the loyal Restored Government
meeting in Alexandria during the Civil War, had seventeen members
representing the counties of Accomack, Alexandria, Charles City,
Elizabeth City, Fairfax, James City, Loudoun, New Kent, Norfolk,
Northampton, Princess Anne, Warwick, and York, and the cities of
Alexandria, Norfolk, Portsmouth, and Williamsburg. The convention, which
met in Alexandria from February 13 through April 11, 1864, adopted the
Constitution of 1864 It abolished slavery and for the first time
required voting by paper ballot for state officers and members of the
General Assembly. Members of the convention proclaimed the new
constitution in effect, rather than submitting it to voters for approval
in a popular referendum. Initially only the areas of northern and
eastern Virginia then under Union control recognized the authority of
the Constitution of 1864, but after the fall of the Confederacy in May
1865 it became effective for all of Virginia and remained in effect
until July 1869.
About the only secondary source you will find on this constitution is
John Dinan, "The Virginia State Constitution: A Reference Guide"
(Westport, Conn.: Praeger Publishers, 2006), pp. 11-12, although (if I
may modestly toot my own horn) I have written an entry on it for the
online Encyclopedia Virginia, which will publish it shortly.
-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
Sara B. Bearss
[log in to unmask]
Senior Editor, Dictionary of Virginia Biography
The Library of Virginia
800 E. Broad Street
Richmond, VA 23221-8000
Friends don't let friends split infinitives.
-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
-----Original Message-----
From: Discussion of research and writing about Virginia history
[mailto:[log in to unmask]] On Behalf Of William Stein
Sent: Thursday, December 03, 2009 2:16 PM
To: [log in to unmask]
Subject: [VA-HIST] Constitution of 1864
Greetings,
I am a librarian in Southwest Virginia. I have a patron who is
looking for information on the putative Constitution of 1864 which
abolished slavery in Virginia. Everything we have that talks about the
various constitutions emits the 1864 Constitution. Is there a source I
am overlooking that might help my patron in her research?
Kindest regards,
Will Stein, Reference Librarian
Washington County PL
Abingdon, VA.
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