Article II, West Virginia Constitution

West Virginia Constitution
Preamble
Articles
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Article II of the West Virginia Constitution consists of eight sections.

Section 1

Text of Section 1: The State The territory of the following counties, formerly parts of the commonwealth of Virginia, shall constitute and form the state of West Virginia, viz: The counties of Barbour, Berkeley, Boone, Braxton, Brooke, Cabell, Calhoun, Clay, Doddridge, Fayette, Gilmer, Grant, Greenbrier, Hampshire, Hancock, Hardy, Harrison, Jackson, Jefferson, Kanawha, Lewis, Lincoln, Logan, Marion, Marshall, Mason, McDowell, Mercer, Mineral, Monongalia, Monroe, Morgan, Nicholas, Ohio, Pendleton, Pleasants, Pocahontas, Preston, Putnam, Raleigh, Randolph, Ritchie, Roane, Summers, Taylor, Tucker, Tyler, Upshur, Wayne, Webster, Wetzel, Wirt, Wood and Wyoming. The state of West Virginia includes the bed, bank and shores of the Ohio River, and so much of the Big Sandy River as was formerly included in the commonwealth of Virginia; and all territorial rights and property in, and jurisdiction over, the same, heretofore reserved by, and vested in, the commonwealth of Virginia, are vested in and shall hereafter be exercised by the state of West Virginia. And such parts of the said beds, banks and shores as lie opposite, and adjoining the several counties of this state, shall form parts of said several counties respectively.

Section 2

	Text of Section 2: Powers of Government in Citizens The powers of government reside in all the citizens of the state, and can be rightfully exercised only in accordance with their will and appointment.

Section 3

	Text of Section 3: Requisites of Citizenship All persons residing in this state, born, or naturalized in the United States, and subject to the jurisdiction thereof, shall be citizens of this state.

Section 4

	Text of Section 4: Equal Representation Every citizen shall be entitled to equal representation in the government, and, in all apportionments of representation, equality of numbers of those entitled thereto, shall as far as practicable, be preserved.

Section 5

	Text of Section 5: Provisions Regarding Property No distinction shall be made between resident aliens and citizens, as to the acquisition, tenure, disposition or descent of property.

Section 6

Text of Section 6: Treason, What Constitutes -- Penalty Treason against the state shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. Treason shall be punished according to the character of the acts committed, by the infliction of one, or more, of the penalties of death, imprisonment or fine, as may be prescribed by law.

Section 7

	Text of Section 7: "Montani Semper Liberi" -- State Seal The present seal of the state, with its motto, "Montani Semper Liberi," shall be the great seal of the state of West Virginia, and shall be kept by the secretary of state, to be used by him officially, as directed by law.

Section 8

	Text of Section 8: Writs, Commissions, Official Bonds -- Indictments Writs, grants and commissions, issued under the authority of this state, shall run in the name of, and official bonds shall be made payable to the state of West Virginia. Indictments shall conclude, "Against the peace and dignity of the state."

See also

• State constitution
• Constitutional article
• Constitutional amendment
• Constitutional revision
• Constitutional convention
• Amendments
  • Initiated constitutional amendment
  • Legislatively-referred constitutional amendment
  • Publication requirements for proposed state constitutional amendments
  • Rules about constitutional conventions in state constitutions
  • State constitutional articles governing state legislatures

External links

Suggest a link

• West Virginia Legislature, "West Virginia Constitution"

Additional reading

• Bastress, Robert M. (2011). The West Virginia Constitution, New York, New York: Oxford University Press
• Stealey III, John E. (2013). West Virginia’s Civil War–Era Constitution, Kent State University Press