If West Virginia could legally secede from Virginia, why couldn't Southern states secede from the USA?
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According to the majority opinion of the Supreme Court in Virginia v. West Virginia, the Virginia Legislature gave explicit consent to have the election that resulted in the ultimate recognition of West Virginia as a separate state. The United States Congress also effectively approved statehood in its review of the West Virginia constitution. The process therefore complied with Article 4, Section 3 of the Constitution which states that "... no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress."
In contrast, in Texas v. White the Supreme Court found that the Confederacy's claim of separation from the federal union was unilateral and not consented to by the other states and therefore invalid.
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Source: stackoverflow.com
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