Could West Virginia annex some Virginia counties? Here’s what would need to happen

HARRISONBURG, Va. (WHSV) – Through multiple steps, a West Virginia state senator’s proposal for the Mountain State to adopt counties from Virginia and Maryland could happen in theory if everything aligned.

After the November election, West Virginia State Sen. Christopher Rose introduced a resolution welcoming Republican voting counties in Appalachia to join West Virginia.

Gov. Patrick Morrisey also encouraged disgruntled Virginians to move to the Mountain State.

The resolution itself could not have counties transferred between states. However, there is a long process that is outlined in the United States constitution that makes it possible.

Article 4, Section 3 of the Constitution — sometimes referred to as the “Admissions Clause” — details the steps needed to admit new states into the Union. It also explains the formation of states from different territories within states.

These articles were used in the formation of West Virginia during the Civil War. The last time the Admissions Clause was used was Hawaii as the 50th state in the Union. Here are the steps needed to make this resolution possible:

• First, the resolution must be passed in all state legislatures. In this case, West Virginia, Virginia and Maryland would all need to support the measure.
• Second, a two-thirds majority must be achieved in Congress.
• The measure could face legal trouble at the Supreme Court if it progresses through Congress.
• Finally, the proposition would be signed off by the president to enact the law, just like any other bill Congress would pass.

Sen. Tim Kaine, D-Va., said this proposal would simply “not happen.” When WHSV first asked him about it, he was unaware of West Virginia’s messages to Appalachian Virginians.

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