How radical Republicans cornered West Virginia into freeing 18,000 slaves

Congress Forces West Virginia’s Reluctant Emancipation at Wheeling

When West Virginia broke from Virginia in 1862, its leaders tried to keep slavery alive. The new state had just 18,000 enslaved people, yet its first constitution banned free Black people from even entering.

Congress wasn’t having it. Charles Sumner and other Radical Republicans blocked statehood until West Virginia changed course.

Senator Waitman Willey then crafted a compromise: children born to enslaved mothers after July 4, 1863 would be free.

In February 1863, delegates met at the Wheeling Custom House and voted 52-0 for this gradual freedom plan.

The Wheeling Custom House, now West Virginia Independence Hall, still stands as a testament to this pivotal moment in American history.

Wheeling Custom House Became Birthplace of a Slavery Compromise

The West Virginia Constitutional Convention finished its work on February 18, 1862, at the Wheeling Custom House. The group voted to keep slavery legal in the new state.

They also added a “negro exclusion” rule to stop both enslaved and free Black people from moving into West Virginia.

About 18,000 enslaved people lived in the counties wanting to break from Virginia, far fewer than the half-million enslaved people in the rest of Virginia.

Senator Willey Brought a Pro-Slavery Constitution to Washington

Senator Waitman Willey took the statehood request to Congress in May 1862 as Senate Bill 365.

The first version protected slave owners’ rights, mostly in the eastern panhandle and southern counties where most enslaved people lived.

The writers made this document to keep wealthy salt industry owners and plantation owners from fighting statehood. The U.S. Constitution gave Congress power to approve all new state constitutions under Article IV.

Charles Sumner Put His Foot Down Against Another Slave State

Massachusetts Senator Charles Sumner fought hard against letting West Virginia join the Union with slavery.

He told his fellow senators, “it takes but very little slavery to make a Slave State with all the virus of slavery. ” The Radical Republicans in the Senate refused to allow another slave state during the Civil War.

The debate showed how deeply split the country still was over slavery even as the war went on.

A Morgantown Lawyer Created the Gradual Freedom Plan

Senator Waitman Willey from Morgantown came up with a middle-ground plan in June 1862. His change said all children born to enslaved mothers after July 4, 1863, would be born free.

Enslaved people under 21 would become free when they reached that age.

Willey tried to make both sides happy, pleasing anti-slavery Republicans while not completely turning away West Virginia slaveholders who might block statehood.

The Senate Vote Came With Strings Attached

The U. S. Senate approved the West Virginia statehood bill on July 14, 1862, by a vote of 23-17. But they added one big condition: West Virginia had to accept the Willey Amendment for step-by-step freedom.

Senator Benjamin Wade said this rule was needed to stop pro-slavery power in the new state. The Senate also blocked John Carlile’s attempt to add 12 Shenandoah Valley counties with 32,000 more enslaved people.

The House Backed Statehood With Slavery’s End in Sight

The House of Representatives passed the statehood bill in December 1862 by a vote of 112-24, with 46 members not voting.

Radical Republicans liked the bill because it made sure slavery would eventually end in West Virginia. Strong anti-slavery leaders like Thaddeus Stevens supported the compromise.

The bill reached President Lincoln’s desk on December 15, 1862, waiting for his choice.

Lincoln’s Cabinet Split Down the Middle on Statehood

President Lincoln asked his Cabinet for advice before making his decision on December 23, 1862. His advisors split evenly: three said yes while three said no.

Lincoln broke the tie and signed the statehood bill on December 31, 1862.

His signature came with the rule that West Virginia hold another meeting to adopt the Willey Amendment. The president wanted West Virginians to accept gradual freedom through a vote.

The Delegates Got Called Back to Wheeling

The West Virginia Constitutional Convention met again at the Wheeling Custom House on February 12, 1863. Senator Willey traveled from Washington to personally talk the delegates into accepting his amendment.

The choice was clear: accept gradual freedom or lose statehood.

By early 1863, the number of enslaved people in West Virginia dropped to around 7,000-8,000 as many ran away during the war.

Money Talk Dominated the Slavery Debate

Convention members spent lots of time arguing about whether slave owners should get paid for losing their human property. Some wanted money for the financial losses they would face from gradual freedom.

The Willey Amendment left at least 40% of enslaved people still in bondage, with some facing up to 20 more years of slavery. Many enslaved people over age 21 would stay enslaved forever under this compromise.

Every Delegate Voted Yes to Save Statehood

The Constitutional Convention adopted the Willey Amendment on February 17, 1863, by a unanimous vote of 52-0. The revised constitution banned bringing enslaved people into the state to live permanently.

This compromise balanced federal demands with the political situation in West Virginia. Many delegates saw that slavery was already weakening because of the war and Union troops throughout the region.

Voters Said Yes to Freedom and Statehood

West Virginia voters approved the revised constitution on March 26, 1863, in a public vote.

President Lincoln issued a proclamation on April 20, 1863, declaring that West Virginia had met all requirements for statehood. The 35th state would officially join the Union on June 20, 1863.

This forced emancipation compromise marked the first time Congress directly intervened in a state constitution to require the end of slavery as a condition for statehood.

Visiting West Virginia Independence Hall, West Virginia

West Virginia Independence Hall at 1528 Market Street in downtown Wheeling tells the story of how Congress forced the new state to accept gradual slave emancipation for statehood.

You can visit Tuesday through Saturday from 9am to 5pm for free. The three floors have 14 original Civil War battle flags and Governor Pierpont’s office.

Start with the introductory film in the basement, then explore the self-guided exhibits. Parking is behind the building.

This article was created with AI assistance and human editing.

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