President Lincoln's top advisors were split evenly on whether it was legal to make West Virginia a state. Some of his cabinet members also pointed to the fact that relatively few citizens had actually voted during the process. On December 31, 1862, Lincoln made the final choice: he approved West Virginia's statehood.

Lincoln defended his decision:

"The division of a state is dreaded as a precedent. But a measure made expedient by a war, is no precedent for times of peace. It is said the admission of West Virginia is secession, and tolerated only because it is our secession. Well, if we can call it by that name, there is still difference enough between secession against the Constitution, and secession in favor of the Constitution."