from Virginia. In the summer of 1861 they took measures to form
themselves into a separate State; and in April, 1862, they adopted a
state Constitution by a vote of 18,862 yeas against 514 nays. A bill for
the admission of "West Virginia" was passed by the Senate in July, and
by the House in December, and was laid before the President for
signature. There were nice questions of constitutional law about this,
and some doubt also as to whether the move was altogether well advised.
Mr. Lincoln asked the opinions of the cabinet as to whether he should
sign the bill. Three said Yea, and three Nay; and it was noteworthy that
the three who thought it expedient also thought it constitutional, and
that the three who thought it inexpedient also thought it
unconstitutional. Mr. Lincoln, not much assisted, then decided in the
affirmative, and signed the bill December 31, 1862. A statement of the
reasons[49] which led him to this decision concludes thus: "It is said
that the admission of West Virginia is secession, and tolerated only
because it is _our_ secession. Well, if we call it by that name, there
is still difference enough between secession against the Constitution
and secession in favor of the Constitution." Mr. Elaine says that the
creation of this State was sustained by "legal fictions;" and Thaddeus
Stevens declared that it was a measure entirely outside of any provision
of the Constitution, yet said that he should vote for it in accordance
with his general principle: that none of the States in rebellion were
entitled to the protection of the Constitution. The Republicans
themselves were divided in their views as to the lawfulness of the
measure. However the law may have stood, it is evident to us, looking
backward, that for practical purposes the wisdom of the President's
judgment cannot be impugned. The measure was the amputation of so much
territory from that which the Confederates, if they should succeed,
could claim as their own; and it produced no inconvenience at all when,
instead of succeeding, they failed.

* * * * *

Many causes conspired to induce an obstreperous outbreak of
"Copperheadism" in the spring of 1863. The Democratic successes in the
elections of the preceding autumn were in part a premonition of this,
in part also a cause. Moreover, reaction was inevitable after the
intense outburst of patriotic enthusiasm which had occurred during the
earlier part of the war. But mor