West Virginia

[ole]

Nico wrote on another thread:

Still waiting for answer. If Texas (and all other southerns states) never left the Union during the Civil War why did they not have a representatives in US congress during 1861-186x/7x (whenever the state was readmitted to Union - that`s funny if they did not left the Union, how could they be readmitted?)

Aside from the fact that all the secesh senators and representatives resigned, a simple answer is that both the US House and Senate could and can refuse to seat them.

With regard to White vs. Texas: Whether a court is stacked or packed has no bearing on the legality of the court's decision. When SCOTUS says it is so, it is so. And it remains so until a change of personnel stacks it the other way -- and that's no guarantee that another court will overturn it.

ole

[Nico_Davout]

Originally Posted by ole

NAside from the fact that all the secesh senators and representatives resigned, a simple answer is that both the US House and Senate could and can refuse to seat them.

That is ok for 1861-65, but what about 65-70? Federal goverment was restored in southern states. They were still in the Union according to US Supreme Court. Why the representatives were not chosen? The US House and Senate could still refuse to chose a new representatives?

[Freddy]

In my view the US should have recognized the Unionist Virginia state government as the legitimate Virginia government and then allowed the rest of the state to rejoin it. Then the state legislature representing all residents could decide. Creating a new state during the war seems unnecessary. It was not the same as when the Massachusetts legislature that represented all MA residents agreed to part with Maine in 1820.

[cash]

Originally Posted by Nico_Davout

That is ok for 1861-65, but what about 65-70? Federal goverment was restored in southern states. They were still in the Union according to US Supreme Court. Why the representatives were not chosen? The US House and Senate could still refuse to chose a new representatives?

Yes, the US House and Senate has the authority to determine the qualifications of its members according to the Constitution. They can refuse to seat anyone they choose.

Regards,
Cash

[ole]

The US House and Senate could still refuse to chose a new representatives?

The Senate and House do not choose representatives; the states do. But the Senate and House can refuse to seat them until their states have met some rather silly qualifications.

ole