What state in the union was created illegally by standards of the US Constitution ?

Question

It would be helpful if i had a source .

Answer 1

Good trivia question. I didn't know the answer off the top of my head (see edit), but it would have to have violated Article IV Section 3:

"New states may be admitted by the Congress into this union; but no new states 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."

So, either the state was never approved by Congress, or it was formed of a split between parts of one state without the approval of the state legislature.

Which makes West Virginia my guess, since I believe Virginia was Confederate, and West Virginia split off on the Union side.

{EDIT}

Upon checking: "West Virginia broke away from the Commonwealth of Virginia during the American Civil War and was admitted to the Union as a separate state on June 20, 1863 (an anniversary now celebrated as West Virginia Day in the state). It is the only state formed as a direct result of the American Civil War."

Answer 2

You are referring to West Virginia.

No State can be created out of another State unless agreed to by the United States Congress, the Legislature of the original State and the Legislature of the new State. That combination never occurred in the case of West Virginia as the elected Legislature of the original State never agreed. However, a Virginia Legislature in Absentation by the federal government. This legislature was not elected by the people of Virginia, but its vote to created West Virginia by allowing those northern counties to secede from Virginia was used as justification by the federal government.

All of this became moot in 1869 with case of Texas v. White which allowed that the federal government could do things extra-constitutional as “Right of Conquest. This allowed for such as accepting the 14th Amendment although in never has met Constitutional requirements for ratification.

Answer 3

My guess is Hawaii. The royal family was forcefully removed from power and the islands claimed in the name of the U.S.

Texas? Nope! It was the only state that was taken as part of the U.S. by treaty, not by annexation. After the treaty was signed, one day it was the Republic of Texas (by the way the only state that was an independent nation before it was a state) and the next day it was a state. In the treaty, Texas had the right to split into five states had it chosen to do so. Since Texas was taken into the U.S. by treaty, it is the only state that may fly its flag as high as the U.S. flag.

Answer 4

I know that we kicked the Queen of Hawaii of her throne because Castle and Cook sugar wanted the islands. Is that what you mean?
As a first step toward redressing the wrongs of a century ago, the Hawaiian people have finally received a federal apology, recognition of the American government's participation in the overthrow of the monarchy.

Last November, the United States Congress passed and President Clinton signed a joint resolution saying, "The Congress... apologizes to Native Hawaiians on behalf of the people of the United States for the overthrow of the Kingdom of Hawai`i on Jan. 17, 1893 with the participation of agents and citizens of the United States, and the deprivation of the rights of Native Hawaiians to self-determination;" [and] "... expresses its commitment to acknowledge the ramifications of the overthrow of the Kingdom of Hawai`i, in order to provide a proper foundation for reconciliation between the United States and the Native Hawaiian people."

Answer 5

I'm not sure but maybe West Virginia during the Civil War.Texas is part of the U.S. by treaty.

Answer 6

Texas

Answer 7

Ohio

Answer 8

Hawaii.

Answer 9

California.

Answer 10

Well, my vote is for West Virginia.