On October 24, 1861, voters in western Virginia agreed to form a new state and chose delegates to write its constitution. In the midst of war and divided loyalties, relatively few people actually voted, but the plan moved forward.

A constitutional convention was convened in November. Delegates changed the new state's name from "Kanawha" to West Virginia. They added more counties to the state--eventually totaling 50--including some controlled by the Confederacy.

In April 1862, the constitution was approved by voters in counties where federal troops were in control.. Finally, West Virginia needed permission from both the loyal "Reorganized Government of Virginia" and the U.S. Congress. Congress initially rejected the constitution because it allowed slavery in the new state, in the middle of a war being fought to eliminate that horrid institution.