[258] fabrications, to reach certain ends, and they add to the multitude of deeds which constitute the crime committed against states and the liberties of the people. When the question of the admission of West Virginia was before the House of Representatives of the United States Congress, Thaddeus Stevens of Pennsylvania declared, with expiatory frankness, that he would not stultify himself by claiming the act to be constitutional. He said, ‘We know that it is not constitutional, but it is necessary.’ It now became necessary for the government of Virginia, represented by Francis H. Pierpont, to emigrate, for the new State of West Virginia embraced the territory in which he was located. He therefore departed with his carpetbag, and located at Alexandria on the Potomac, which became the seat of government of so-called East Virginia. On February 13, 1864, a convention, consisting of a representative from each of the ten counties in part or wholly under the control of the United States forces, assembled at Alexandria to amend the constitution of the state of Virginia. Some sections providing for the abolition of slavery were declared to be added to the constitution, and the so-called convention adjourned. Nothing of importance occurred until after the occupation of Richmond by the United States forces. On May 9, 1865, President Johnson issued an ‘Executive order to reestablish the authority of the United States, and execute the laws within the geographical limits known as the State of Virginia.’ The order closed in these words:
That, to carry into effect the guarantee of the Federal Constitution of a republican form of State government, and afford the advantage of the security of domestic laws, as well as to complete the reestablishment of the authority of the laws of the United States and the full and complete restoration of peace within the limits aforesaid, Francis H. Pierpont, Governor of the State of Virginia, will be aided by the Federal Government, so far as may be necessary, in the lawful measures which he may take for the extension and administration of the State government throughout the geographical limits of said State.This order recognized the factitious organization, begun in West Virginia and then transplanted to Alexandria, as the true government of the state of Virginia. By the aid of the United States government, it was now removed to Richmond and set up there. No person was allowed to take any part in this government or to vote under it unless he had previously taken the purgatorial oath above mentioned, and had not held office under the Confederate or any state government. Thus, the taking of this oath which was prescribed by the President of the United States became the most important of the qualifications of a voter. Here was a condition prescribed by a foreign authority as necessary to be
