West Virginia Constitution

West Virginia Constitution
Preamble
Articles
I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • XIII • XIV

The West Virginia constitution is the state constitution of Virginia.

• The current West Virginia Constitution was adopted in 1872.
• West Virginia has had two state constitutions.
• The current state constitution has 14 articles.
• The current West Virginia Constitution has been amended at least 21 times.
• Voters last approved two new amendments to the West Virginia Constitution on November 5, 2024.

A state constitution is the fundamental document that outlines a state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.

Background

West Virginia has had two constitutions. The first was ratified in 1863 and the second in 1872.^[1]

West Virginia citizens elected delegates to a constitutional convention after Virginia's decision to secede from the United States. On November 26, 1861, the West Virginian delegates met in Wheeling, West Virginia and started their draft based on Virginia's constitution of 1851. The convention made significant changes to gear the document towards issues facing those in West Virginia as well as the name of the new state, the boundaries and the issue of slavery. On February 18, 1862, the constitution was approved unanimously by the delegates and submitted to West Virginia's voters. The voters approved the constitution on April 3, 1862 by a vote of 18,862 to 514.^[1]

Preamble

See also: Preamble, West Virginia Constitution and Preambles to state constitutions

The preamble to the West Virginia Constitution states:

Article I: Relations to the U.S. Government

See also: Article I, West Virginia Constitution

Article I of the West Virginia Constitution is entitled "Relations to the U.S. Government" and consists of four sections.

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Article II: The State

See also: Article II, West Virginia Constitution

Article II of the West Virginia Constitution is entitled "The State" and consists of eight sections.

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Article III: Bill of Rights

See also: Article III, West Virginia Constitution

Article III of the West Virginia Constitution is entitled "Bill of Rights" and consists of 22 sections.

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Article IV: Election & Officers

See also: Article IV, West Virginia Constitution

Article IV of the West Virginia Constitution is entitled "Election & Officers" and consists of twelve sections.

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Article V: Division of Powers

See also: Article V, West Virginia Constitution

Article V of the West Virginia Constitution is entitled "Division of Powers" and consists of one section.

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Article VI: The Legislature

See also: Article VI, West Virginia Constitution

Article VI of the West Virginia Constitution is entitled "The Legislature" and consists of 57 sections.

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Article VII: Executive Department

See also: Article VII, West Virginia Constitution

Article VII of the West Virginia Constitution is entitled "Executive Department" and consists of 19 sections.

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Article VIII: Judicial Power

See also: Article VIII, West Virginia Constitution

Article VIII of the West Virginia Constitution is entitled "Judicial Power" and consists of 16 sections.

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Article IX: County Organization

See also: Article IX, West Virginia Constitution

Article IX of the West Virginia Constitution is entitled "County Organization" and consists of 13 sections.

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Article X: Taxation & Finance

See also: Article X, West Virginia Constitution

Article X of the West Virginia Constitution is entitled "Taxation & Finance" and consists of 12 sections, one of which has been repealed.

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Article XI: Corporations

See also: Article XI, West Virginia Constitution

Article XI of the West Virginia Constitution is entitled "Corporations" and consists of 12 sections.

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Article XII: Education

See also: Article XII, West Virginia Constitution

Article XII of the West Virginia Constitution is entitled "Education" and consists of 12 sections, one of which has been repealed.

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Article XIII: Land Titles

See also: Article XIII, West Virginia Constitution

Article XIII of the West Virginia Constitution is entitled "Land Titles" and consists of six sections, four of which have been repealed.

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Article XIV: Amendments

See also: Article XIV, West Virginia Constitution

Article XIV of the West Virginia Constitution is entitled "Amendments" and consists of two sections.

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Amendments

See also: Amendments, West Virginia Constitution

The final section of the West Virginia Constitution is not a numbered Article, but rather is a list of constitutional amendments added at the end of the constitution that have a variety of purposes.

Amending the constitution

See also: Amending state constitutions

The West Virginia Constitution can be modified through constitutional conventions and legislatively referred constitutional amendments. West Virginia does not feature the power of initiative for either initiated constitutional amendments or initiated state statutes.

Legislature

See also: Legislatively referred constitutional amendment

A two-thirds vote is required during one legislative session for the West Virginia State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 67 votes in the West Virginia House of Representatives and 23 votes in the West Virginia State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.

Convention

See also: Convention-referred constitutional amendment

According to Section 1 of Article XIV of the West Virginia Constitution, the state Legislature can vote to refer a constitutional convention question to voters. A simple majority vote is required in the Legislature.

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, "Constitution of West Virginia"

Footnotes

v • e West Virginia Constitution West Virginia Constitution • Preamble • Article I • Article II • Article III • Article IV • Article V • Article VI • Article VII • Article VIII • Article IX • Article X • Article XI • Article XII • Article XIII • Article XIV

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