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Constitution of West Virginia

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The Constitution of the State of West Virginia is the supreme law of the U.S. state of West Virginia . It expresses the rights of the state's citizens and provides the framework for the organization of law and government. West Virginia is governed under its second and current constitution, which dates from 1872. The document includes fourteen articles and several amendments.

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161-484: The first constitution for the state was written in 1861. Following the secession of Virginia during the American Civil War , Unionist politicians established a " Restored Government " to assert their loyalty to the U.S. In November of that year, delegates from the state's westernmost counties met in convention at Wheeling to form a new state, dubbed West Virginia, and wrote a constitution for that state. In

322-718: A California law providing for the recitation of the Pledge of Allegiance (which includes the phrase "under God") in classrooms. Each House of Congress passed resolutions reaffirming their support for the pledge; the Senate vote was 99–0 and the House vote was 416–3. The Supreme Court heard arguments on the case, but did not rule on the merits, instead reversing the Ninth Circuit's decision on standing grounds. The inclusion of religious symbols in public holiday displays came before

483-489: A charter for a new colony to the Virginia Company of London . The group financed an expedition under Christopher Newport that established a settlement named Jamestown in 1607. Though more settlers soon joined, many were ill-prepared for the dangers of the new settlement. As the colony's president, John Smith secured food for the colonists from nearby tribes, but after he left in 1609, this trade stopped and

644-632: A first language . Spanish is the next most commonly spoken language, with 7.5% (611,831) of Virginia households, though age is a factor; 8.7% (120,560) of Virginians under age eighteen speak Spanish. Of Spanish speakers, 60.6% reported speaking English "very well", but again, of those under age eighteen, 78.7% speak English "very well". Arabic was the third most commonly spoken language with around 0.8% of residents, followed by Chinese languages and Vietnamese each with over 0.7%, and then Korean and Tagalog , just under 0.7% and 0.6% respectively. Establishment Clause In United States law,

805-663: A group of Spanish Jesuits , explored the Chesapeake Bay during the 16th century. To help counter Spain's colonies in the Caribbean , Queen Elizabeth I of England supported Walter Raleigh 's 1584 expedition to the Atlantic coast of North America . The name "Virginia" was used by Captain Arthur Barlowe in the expedition's report, and may have been suggested by Raleigh or Elizabeth (perhaps noting her status as

966-593: A racially segregated society , and in 1902 rewrote the state constitution to include a poll tax and other voter registration measures that effectively disenfranchised most African Americans and many poor whites. New economic forces meanwhile industrialized the Commonwealth. Virginian James Albert Bonsack invented the tobacco cigarette rolling machine in 1880 leading to new large-scale production centered around Richmond. Railroad magnate Collis Potter Huntington founded Newport News Shipbuilding in 1886, which

1127-425: A raid on Harpers Ferry, Virginia , in an attempt to start a slave revolt across the southern states. The polarized national response to his raid, capture, trial, and execution that December marked a tipping point for many who believed slavery would need to be ended by force. Abraham Lincoln 's 1860 election further convinced many southern supporters of slavery that his opposition to its expansion would ultimately mean

1288-402: A series of ambush-style killings between colonists and natives under Chief Powhatan and his brother began, resulting in mass starvation in the colony that winter. By the end of the colony's first fourteen years, over eighty percent of the roughly eight thousand settlers transported there had died. Demand for exported tobacco , however, fueled the need for more workers. Starting in 1618,

1449-412: A 1957 amendment removed the state superintendent of schools). On the other hand, West Virginia is one of the few states without an official lieutenant governor, and amendments to add such a position have repeatedly failed, most recently in 2012. Instead, the president of the state senate succeeds as acting governor in the event of a vacancy. West Virginia law therefore permits that person to unofficially use

1610-531: A Bill of Rights. Nevertheless, the supporters of the Constitution (known as Federalists ) in order to secure its ratification in Massachusetts , agreed to add a group of amendments to the Constitution after its ratification that would serve as a Bill of Rights. Later, six more states likewise recommended the addition of a Bill of Rights, and the idea was also endorsed by Jefferson and Madison. When

1771-722: A bloody Confederate victory. Union General George B. McClellan organized the Army of the Potomac , which landed on the Virginia Peninsula in March 1862 and reached the outskirts of Richmond that June. With Confederate General Joseph E. Johnston wounded in fighting outside the city, command of his Army of Northern Virginia fell to Robert E. Lee . Over the next month, Lee drove the Union army back , and starting that September led

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1932-439: A century, at a magnitude of 5.8, struck central Virginia on August 23, 2011 . 35   million years ago, a bolide impacted what is now eastern Virginia. The resulting Chesapeake Bay impact crater may explain what earthquakes and subsidence the region does experience. A meteor impact is also theorized as the source of Lake Drummond , the largest of the two natural lakes in the state . The Commonwealth's carbonate rock

2093-543: A double security, prohibiting both control of the government by religion and political control of religion by the government. By it, the federal government of the United States and, by later extension, the governments of all U.S. states and U.S. territories , are prohibited from establishing or sponsoring religion. The clause was based on a number of precedents, including the Constitutions of Clarendon ,

2254-539: A governor who ignored the assembly and sent him back to England against his will. William Berkeley was named governor in 1642, just as the turmoil of the English Civil War and Interregnum permitted the colony greater autonomy. As a supporter of the king, Berkeley welcomed other Cavaliers who fled to Virginia. He surrendered to Parliamentarians in 1652, but after the 1660 Restoration made him governor again, he blocked assembly elections and exacerbated

2415-477: A guaranteed secret ballot. Article V consists of a single section: The legislative, executive and judicial departments shall be separate and distinct, so that neither shall exercise the power properly belonging to either of the others; nor shall any person exercise the powers of more than one of them at the same time, except that justices of the peace shall be eligible to the Legislature. Article VI concerns

2576-618: A major urban business and shopping center in Tysons , Virginia's largest office market. Neighboring Prince William County , with over 450,000 residents, is Virginia's second-most populous county and home to Marine Corps Base Quantico , the FBI Academy , and Manassas National Battlefield Park . Arlington County is the smallest self-governing county in the U.S. by land area, and local politicians have proposed reorganizing it as an independent city due to its high density. Loudoun County

2737-437: A national park, but is protected by both state and federal legislation and the inter-state Chesapeake Bay Program . Virginia is divided into 95   counties and 38   independent cities , which the U.S. Census Bureau describes as county-equivalents . This general method of treating cities and counties on par with each other is unique to Virginia and stretches back to the influence of Williamsburg and Norfolk in

2898-490: A new constitution, which commenced in 1872. The convention made a number of changes to the preexisting document, including increasing the terms of office for the governor and legislators. As historian Sean Patrick Adams notes, the Flick Amendment empowered conservatives, including former Confederates, who dominated the convention. These conservatives admired the government of Virginia, and the 1872 constitution resembled

3059-473: A new national church. In Orange County, Virginia , two federalist candidates, James Madison and James Gordon Jr., were running against two anti-federalists (opponents of the Constitution), Thomas Barbour and Charles Porter. Barbour requested to John Leland , an influential Baptist preacher and fervent lifelong proponent of religious liberty, that he write a letter to Barbour outlining his objections to

3220-501: A period of silence for the purpose of private prayer. The Court did not, however, find that the moment of silence was itself unconstitutional. Rather, it ruled that Alabama lawmakers had passed the statute solely to advance religion, thereby violating the secular purpose test. The 1990s were marked by controversies surrounding religion's role in public affairs. In Lee v. Weisman (1992), the Supreme Court ruled unconstitutional

3381-467: A person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance. No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion. Neither

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3542-579: A referendum and went into effect in 1971. In 1989, Douglas Wilder became the first African American elected as governor in the United States, and in 1992, Bobby Scott became the first Black congressman from Virginia since 1888. The expansion of federal government offices into Northern Virginia's suburbs during the Cold War boosted the region's population and economy. The Central Intelligence Agency outgrew their offices in Foggy Bottom during

3703-504: A secular display, and thus were considered to have a religious purpose. In the 1964 case McGowan v. Maryland , the Supreme Court held that blue laws which restricted the sale of goods on Sundays (and were originally intended to increase Church attendance) did not violate the Establishment Clause because they served a present secular purpose of providing a uniform day of rest for everyone. Clarence Thomas , Justice of

3864-573: A single church as its official religion. These official churches enjoyed privileges not granted to other religious groups. Massachusetts and Connecticut supported the Congregational church by taxes. In colonial South Carolina , the Anglican Church benefited from church taxes. Other colonies would more generally assist religion by requiring taxes that would partially fund religious institutions - taxpayers could direct payments to

4025-581: A state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa. In the words of Jefferson , the clause against establishment of religion by law was intended to erect "a wall of separation between church and State." The New Jersey law was upheld, for it applied "to all its citizens without regard to their religious belief". After Everson , lawsuits in several states sought to disentangle public monies from religious teaching,

4186-943: A strategy called " massive resistance ", and the General Assembly passed a package of laws in 1956 that cut off funding to local schools that desegregated , causing some to close. Courts ruled the strategy unconstitutional, and on February 2, 1959, Black students integrated schools in Arlington and Norfolk , where they were known as the Norfolk 17 . County leaders in Prince Edward, however, instead shut their school system in June 1959. The Supreme Court ordered them to reopen and integrate their public schools , which finally happened in September 1964. Federal passage of

4347-619: A strong effect on eastern and southeastern coastal areas, making the climate there warmer but also more constant. Most of Virginia's recorded extremes in temperature and precipitation have occurred in the Blue Ridge Mountains and areas west. Virginia receives an average of 43.47 inches (110 cm) of precipitation annually, with the Shenandoah Valley being the state's driest region. Virginia has around 35–45 days with thunderstorms annually, and storms are common in

4508-571: A total population of around 15,000 in 1607. Three-fourths of the native population in Virginia, however, died from smallpox and other Old World diseases during that century, disrupting their oral traditions and complicating research into earlier periods. Additionally, many primary sources, including those that mention Powhatan's daughter, Pocahontas , were created by Europeans, who may have held biases or misunderstood native social structures and customs. Several European expeditions, including

4669-657: A way that would tend to establish a state church, or (2) coerces people to support or participate in religion against their will. In Santa Fe Independent School Dist. v. Doe (2000), the Court ruled that a vote of the student body could not authorize student-led prayer prior to school events. In 2002, controversy centered on a ruling by the Court of Appeals for the Ninth Circuit in Elk Grove Unified School District v. Newdow (2002), which struck down

4830-604: Is Richmond and its most populous city is Virginia Beach . Its most populous subdivision is Fairfax County , part of Northern Virginia , where slightly over a third of Virginia's population of 8.7   million live. Eastern Virginia is part of the Atlantic Plain , and the Middle Peninsula forms the mouth of the Chesapeake Bay . Central Virginia lies predominantly in the Piedmont , the foothill region of

4991-616: Is called the Shenandoah Valley in Virginia, named after the river of the same name that flows through it. The Cumberland Plateau and Cumberland Mountains are in the southwest corner of Virginia, south of the Allegheny Plateau . In this region, rivers flow northwest into the Ohio River basin. The Virginia Seismic Zone has not had a history of regular earthquake activity. Earthquakes are rarely above 4.5 in magnitude . The Commonwealth's largest earthquake in at least

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5152-610: Is complemented by the Free Exercise Clause, which prohibits government interference with religious belief and, within limits, religious practice. The Establishment Clause is a limitation placed upon the United States Congress preventing it from passing legislation establishing an official religion and, by interpretation, makes it illegal for the government to promote theocracy or promote a specific religion with taxes. The Free Exercise Clause prohibits

5313-480: Is filled with more than 4,000 limestone caves , ten of which are open for tourism, including the popular Luray Caverns and Skyline Caverns . Virginia's iconic Natural Bridge is the remaining roof of a collapsed limestone cave. Coal mining takes place in the three mountainous regions. More than 72   million tons of other non-fuel resources, such as slate , kyanite , sand, or gravel, were mined in Virginia in 2020 . The largest known deposits of uranium in

5474-652: Is no part of the official business of government to compose official prayers for any group of American people to recite as part of a religious program carried out by the Government." The reading of the Lord's Prayer or of the Bible in the classroom of a public school by the teacher was ruled unconstitutional in 1963. The ruling did not apply to parochial or private schools in general. The decision has been met with both criticism and praise. Many social conservatives are critical of

5635-545: Is the fastest-growing county in the state. In western Virginia, Roanoke city and Montgomery County , part of the Blacksburg–Christiansburg metropolitan area , both have surpassed a population of 100,000 since 2018. On the western edge of the Tidewater region is Virginia's capital, Richmond , which has a population of around 230,000 in its city proper and over 1.3   million in its metropolitan area. On

5796-761: The American Revolution , and helped establish the new national government. During the American Civil War , the state government in Richmond joined the Confederacy , while many northwestern counties remained loyal to the Union , which led to the separation of West Virginia in 1863. Although the state was under one-party rule for nearly a century following the Reconstruction era , both major political parties have been competitive in Virginia since

5957-647: The Back Bay National Wildlife Refuge , which marks the beginning of the Outer Banks . State agencies control about one-third of protected land in the state, and the Virginia Department of Conservation and Recreation manages over 75,900 acres (307.2 km ) in forty Virginia state parks and 59,222 acres (239.7 km ) in 65 Natural Area Preserves , plus three undeveloped parks. Breaks Interstate Park crosses

6118-664: The Bill of Rights 1689 , and the first constitutions of Pennsylvania and New Jersey. An initial draft by John Dickinson was prepared in conjunction with his drafting the Articles of Confederation . In 1789, then-congressman James Madison prepared another draft which, after discussion and debate in the First Congress , would become part of the text of the First Amendment of the Bill of Rights . The Establishment Clause

6279-631: The Blue Ridge Mountains , which cross the western and southwestern parts of the state. The fertile Shenandoah Valley fosters the state's most productive agricultural counties, while the economy in Northern Virginia is driven by technology companies and U.S. federal government agencies. Hampton Roads is also the site of the region's main seaport and Naval Station Norfolk , the world's largest naval base. Virginia's history begins with several Indigenous groups , including

6440-609: The Church of England in Virginia and guaranteed freedom of religion exercise to men of all religious faiths, including Catholics and Jews as well as members of all Protestant denominations. The First Amendment is part of a group of 10 Amendments to the United States Constitution known as the Bill of Rights. The idea of adding a Bill of Rights to the Constitution was proposed by George Mason five days before

6601-636: The Civil Rights Act (1964) and Voting Rights Act (1965), and their later enforcement by the Justice Department , helped end racial segregation in Virginia and overturn Jim Crow laws . In 1967, the Supreme Court struck down the state's ban on interracial marriage with Loving v. Virginia . In 1968, Governor Mills Godwin called a commission to rewrite the state constitution. The new constitution, which banned discrimination and removed articles that now violated federal law, passed in

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6762-560: The Committee of Nine . During the post-war Reconstruction era , African Americans were able to unite in communities, particularly around Richmond , Danville , and the Tidewater region , and take a greater role in Virginia society; many achieved some land ownership during the 1870s. Virginia adopted a constitution in 1868 which guaranteed political, civil, and voting rights , and provided for free public schools. However, with many railroad lines and other infrastructure destroyed during

6923-625: The Establishment Clause of the First Amendment to the United States Constitution , together with that Amendment's Free Exercise Clause , form the constitutional right of freedom of religion . The Establishment Clause and the Free Exercise Clause together read: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof... The Establishment Clause acts as

7084-543: The Incorporation doctrine , the Bill of Rights has been broadly applied to limit state and local government as well. The process of incorporating the two Religion Clauses in the First Amendment was twofold. The first step was the Supreme Court's conclusion in 1940 that the Free Exercise Clause was made applicable to the states through the Fourteenth Amendment. Conceptually, this raised few difficulties:

7245-862: The Korean War , and moved to Langley in 1961, in part due to a decision by the National Security Council that the agency relocate outside the District of Columbia. The Pentagon , built in Arlington during World War II as the headquarters of the Department of Defense, was struck by a hijacked plane in the September 11, 2001 attacks . Mass shootings at Virginia Tech in 2007 and in Virginia Beach in 2019 led to passage of gun control measures in 2020. Racial injustice and

7406-507: The Lemon test , which judges have often used to test the constitutionality of a statute on establishment clause grounds. The Supreme Court decided Committee for Public Education & Religious Liberty v. Nyquist and Sloan v. Lemon in 1973. In both cases, states— New York and Pennsylvania —had enacted laws whereby public tax revenues would be paid to low-income parents so as to permit them to send students to private schools. It

7567-779: The Powhatan . In 1607, the London Company established the Colony of Virginia as the first permanent English colony in the New World , leading to Virginia's nickname as the Old Dominion . Slaves from Africa and land from displaced native tribes fueled the growing plantation economy, but also fueled conflicts both inside and outside the colony. Virginians fought for the independence of the Thirteen Colonies in

7728-707: The Southwest Mountains around Charlottesville . The Blue Ridge Mountains are a physiographic province of the Appalachian Mountains with the highest points in the Commonwealth, the tallest being Mount Rogers at 5,729 feet (1,746 m). The Ridge-and-Valley region is west of the mountains, carbonate rock based, and includes the Massanutten Mountain ridge and the Great Appalachian Valley , which

7889-723: The Torpedo Factory in Alexandria had over 5,050. High-school student Barbara Rose Johns started a strike in 1951 at her underfunded and segregated school in Prince Edward County . The protests led Spottswood Robinson and Oliver Hill to file a lawsuit against the county . Their case joined Brown v. Board of Education at the Supreme Court, which rejected the doctrine of " separate but equal " in 1954. The segregationist establishment, led by Senator Harry F. Byrd and his Byrd Organization , reacted with

8050-552: The Virginia big-eared bat , the state mammal . The Virginia opossum is the only marsupial native to the United States and Canada, and the native Appalachian cottontail was recognized in 1992 as a distinct species of rabbit, one of three found in the state. Whales, dolphins, and porpoises have been recorded in Virginia's coastal waters, with bottlenose dolphins being the most frequent aquatic mammals . Virginia's bird fauna comprises 422 counted species, of which 359 are regularly occurring and 214 have bred in Virginia, while

8211-500: The breeding of slaves , often through rape, a profitable business. Slaves in the Richmond area were also forced into industrial jobs, including mining and shipbuilding. The failed slave uprisings of Gabriel Prosser in 1800, George Boxley in 1815, and Nat Turner in 1831, however, marked the growing resistance to slavery. Afraid of further uprisings, Virginia's government in the 1830s encouraged free Blacks to migrate to Liberia . On October 16, 1859, abolitionist John Brown led

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8372-431: The class divide by disenfranchising and restricting the movement of indentured servants, who made up around eighty percent of the workforce. On the colony's frontier, tribes like the Tutelo and Doeg were being squeezed by Seneca raiders from the north, leading to more confrontations with colonists. In 1676, several hundred working-class followers of Nathaniel Bacon , upset by Berkeley's refusal to retaliate against

8533-549: The headright system tried to solve this by granting colonists farmland for their help attracting indentured servants . Enslaved Africans were first sold in Virginia in 1619. Though other Africans arrived as indentured servants and could be freed after four to seven years, the basis for lifelong slavery was developed in legal cases like those of John Punch in 1640 and John Casor in 1655. Laws passed in Jamestown defined slavery as race-based in 1661, as inherited maternally in 1662, and as enforceable by death in 1669. From

8694-462: The siege of Yorktown . His surrender on October 19, 1781, led to peace negotiations in Paris and secured the independence of the colonies. Virginians were instrumental in writing the United States Constitution : James Madison drafted the Virginia Plan in 1787 and the Bill of Rights in 1789. Virginia ratified the Constitution on June 25, 1788. The three-fifths compromise ensured that Virginia, with its large number of slaves, initially had

8855-446: The state fish . Downhill in the Piedmont, stripeback darter and Roanoke bass become common, as do swampfish , bluespotted sunfish , and pirate perch in the Tidewater . The Chesapeake Bay hosts clams, oysters, and 350 species of saltwater and estuarine fish , including the bay's most abundant finfish, the Bay anchovy , as well as the invasive blue catfish . An estimated 317 million Chesapeake blue crabs live in

9016-419: The state's legislature . The article comprises three main parts: sections 2-15 deal with the legislature's composition, sections 16-34 provide legislative rules, and sections 35-54 set out the legislature's powers. Other provisions include a procedure for adding additional territory to the state (section 11). This section initially appeared in the 1863 Constitution. While never invoked under the 1872 Constitution,

9177-497: The "Virgin Queen" or that they viewed the land as being untouched) or related to an Algonquin phrase, Wingandacoa or Windgancon , or leader's name, Wingina , as heard by the expedition. The name initially applied to the entire coastal region from South Carolina in the south to Maine in the north, along with the island of Bermuda . Raleigh's colony failed, but the potential financial and strategic gains still captivated many English policymakers. In 1606, King James I issued

9338-475: The 1850 constitution of that state in many ways. County courts became the center of governmental authority, decentralizing the state, and a system of business taxation was also implemented. As of 1995, this document has been amended 66 times, with an additional 46 proposals having been rejected. The majority of amendments proposed since 1960 have been ratified. The preamble was added to the constitution in 1960 by referendum. Since through Divine Providence we enjoy

9499-441: The 1930s to over one million by the 2010s. Native carnivorans include black bears , who have a population of around five to six thousand in the state, as well as bobcats , coyotes , both gray and red foxes , raccoons , weasels and skunks . Rodents include groundhogs , nutria , beavers , both gray squirrels and fox squirrels , chipmunks, and Allegheny woodrats , while the seventeen bat species include brown bats and

9660-497: The 1960s, during the Warren Court era. One of the Court's most controversial decisions came in Engel v. Vitale in 1962. The case involved the mandatory daily recitation by public school officials of a prayer written by the New York Board of Regents, which read "Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers and our Country". The Supreme Court deemed it unconstitutional and struck it down, with Justice Black writing "it

9821-416: The 2022–2023 winter season. Climate change in Virginia is leading to higher temperatures year-round as well as more heavy rain and flooding events. Urban heat islands can be found in many Virginia cities and suburbs, particularly in neighborhoods linked to historic redlining . The air in Virginia has statistically improved since 1998. The closure and conversion of coal power plants in Virginia and

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9982-427: The Appalachian Mountains can lead to significant snowfalls across the state, such as the January 2016 blizzard , which created the state's highest recorded one-day snowfall of 36.6 inches (93 cm) near Bluemont . On average, cities in Virginia can receive between 5.8–12.3 inches (15–31 cm) of snow annually, but recent winters have seen below-average snowfalls, and much of Virginia had no measurable snow during

10143-678: The Black population was reduced by the Great Migration to northern industrial cities in the first half of the 20th century, since 1965 there has been a reverse migration of Blacks returning south . The Commonwealth has the highest number of Black-white interracial marriages in the US , and 8.2% of Virginians describe themselves as multiracial . More recent immigration since the late 20th century has resulted in new communities of Hispanics and Asians. As of 2020 , 10.5% of Virginia's total population describe themselves as Hispanic or Latino , and 8.8% as Asian . The state's Hispanic population rose by 92% from 2000 to 2010, with two-thirds of Hispanics in

10304-484: The Catholic Church) to seek exemption from criminal prosecution. The 1689 English Bill of Rights secured the rights of all "persons" to be free from establishment of Roman Catholic laws in the government of England. The original Mason-Dixon line was the demarcation line between the Catholic colony of Maryland and the New Jersey and Pennsylvania colonies, which followed the 1689 Bill of Rights and their own colonial constitutions which provided similar protections against

10465-399: The Census Bureau recognizes several hundred unincorporated communities . Over three million people, 35% of Virginians, live in the twenty jurisdictions collectively defined as Northern Virginia , part of the larger Washington metropolitan area and the Northeast megalopolis . Fairfax County , with more than 1.1   million residents, is Virginia's most populous jurisdiction, and has

10626-551: The Civil War and was added at the insistence of former Confederates who had been disfranchised following the war. Another provision guarantees students the right to pray in a school but does not mandate school prayer. A federal district court partially struck the section down, saying it violated the Establishment Clause , but the remainder of the provision remains in effect. Article IV governs state elections and eligibility to hold office. Provisions include eligibility for voting, methods for impeaching or otherwise removing officials, and

10787-469: The Civil War, the Commonwealth was deeply in debt, and in the late 1870s redirected money from public schools to pay bondholders. The Readjuster Party formed in 1877 and won legislative power in 1879 by uniting Black and white Virginians behind a shared opposition to debt payments and the perceived plantation elites . The Readjusters focused on building up schools, like Virginia Tech and Virginia State , and successfully forced West Virginia to share in

10948-462: The Court has prevented states from directly funding parochial schools, it has not stopped them from aiding religious colleges and universities. In Tilton v. Richardson (1971), the Court permitted the use of public funds for the construction of facilities in religious institutions of higher learning. It was found that there was no "excessive entanglement" since the buildings were themselves not religious, unlike teachers in parochial schools, and because

11109-437: The Due Process Clause of the Fourteenth Amendment is understood to incorporate only individual rights found in the Bill of Rights; the Establishment Clause, unlike the Free Exercise Clause (which critics readily concede protects individual rights), does not purport to protect individual rights. Prior to American independence, most of the original colonies supported religious activities with taxes, with several colonies choosing

11270-447: The Due Process Clause protects those rights in the Bill of Rights "implicit in the concept of ordered liberty," and free exercise of religion is a quintessential individual right (and had been recognized as such at the state level from the beginning). Incorporation of the Establishment Clause in 1947 proved to be problematic in several ways and subject to criticism. The controversy concerning its incorporation results primarily from

11431-414: The First Federal Congress met in 1789, Madison implemented the idea by introducing 17 Amendments to the Constitution. By December 1791, ten of his Amendments were ratified by the necessary three quarters of the states, and they became part of the US Constitution, thereafter becoming known as "the Bill of Rights". The Establishment Clause addressed the concerns of members of minority faiths who did not want

11592-756: The Great Dismal and Nottoway swamps. Other common trees include red spruce, Atlantic white cedar , tulip-poplar , and the flowering dogwood , the state tree and flower . Plants like milkweed , dandelions, daisies, ferns, and Virginia creeper , which is featured on the state flag , are also common. The Thompson Wildlife Area in Fauquier is known for having one of the largest populations of trillium wildflowers in North America. White-tailed deer , one of 75 mammal species found in Virginia, rebounded from an estimated population of as few as 25,000 in

11753-740: The Iroquois, and other allied tribes on both sides. A militia from several British colonies, called the Virginia Regiment , was led by Major George Washington , himself one of the investors in the Ohio Company. In the decade following the French and Indian War , the British Parliament passed new taxes which were deeply unpopular in the colonies, and in the House of Burgesses ; opposition to taxation without representation

11914-460: The Kentucky border and is one of only two inter-state parks in the United States. Sustainable logging is allowed in 26 state forests managed by the Virginia Department of Forestry totaling 71,972 acres (291.3 km ), as is hunting in 44 Wildlife Management Areas run by the Virginia Department of Wildlife Resources covering over 205,000 acres (829.6 km ). The Chesapeake Bay is not

12075-630: The May 23 referendum, armed pro-Confederate groups prevented the casting and counting of votes from areas that opposed secession. Representatives from 27 of these northwestern counties instead began the Wheeling Convention , which organized a government loyal to the Union and led to the separation of West Virginia as a new state. The armies of the Union and Confederacy first met on July 21, 1861, in Battle of Bull Run near Manassas, Virginia ,

12236-555: The Ohio Valley region has helped cut the amount of particulate matter in Virginia's air in half. Current plans call for 30% of the Commonwealth's electricity to be renewable by 2030 and for all to be carbon-free by 2050. Forests cover 62% of Virginia as of 2021 , of which 80% is considered hardwood forest, meaning that trees are primarily deciduous and broad-leaved . The other 20% is pine, with loblolly and shortleaf pine dominating much of central and eastern Virginia. In

12397-876: The Protestant denomination of their choosing. Only the colonies of Delaware, New Jersey, Pennsylvania and Rhode Island did not require a tax to support religion. During and after the American Revolution, religious minorities, such as the Methodists and the Baptists, argued that taxes to support religion violated freedoms won from the British. Defenders of the practice argued that government needed to fund religious institutions because public virtue depended on these institutions which could not survive purely on private donations. The Supreme Court first considered

12558-523: The Supreme Court in Lynch v. Donnelly (1984), and again in Allegheny County v. Greater Pittsburgh ACLU (1989). In the former case, the Court upheld the public display of a crèche , ruling that any benefit to religion was "indirect, remote, and incidental." In Allegheny County , however, the Court struck down a crèche display, which occupied a prominent position in the county courthouse and bore

12719-410: The Supreme Court of the United States, has disputed that the Establishment Clause applies to the states, thereby making it possible for the states to establish a state religion. In 2013, North Carolina politicians proposed a bill that could have seen North Carolina establish an official religion for the state. An 2013 YouGov poll found that 34% of people would favor establishing Christianity as

12880-433: The Supreme Court upheld a New Jersey statute funding student transportation to schools, whether parochial or not. Justice Hugo Black held, The "establishment of religion " clause of the First Amendment means at least this: Neither a state nor the federal government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another. Neither can force nor influence

13041-655: The U.S. Census Bureau found that only 0.5% of Virginians were exclusively American Indian or Alaska Native , though 2.1% were in some combination with other ethnicities. The state government has extended recognition to eleven tribes. Seven tribes also have federal recognition. The Pamunkey and Mattaponi have reservations on tributaries of the York River in the Tidewater region . [REDACTED] American Community Survey five-year estimate According to U.S. Census data as of 2022 on Virginia residents aged five and older, 83% (6,805,548) speak English at home as

13202-603: The U.S. are under Coles Hill, Virginia . Despite a challenge that reached the U.S. Supreme Court twice , the state has banned its mining since 1982 due to environmental and public health concerns. Virginia has a humid subtropical climate that transitions to humid continental west of the Blue Ridge Mountains . Seasonal extremes vary from average lows of 25 °F (−4 °C) in January to average highs of 86 °F (30 °C) in July. The Atlantic Ocean and Gulf Stream have

13363-478: The United States as of 2020 . El Salvador is the most common foreign country of birth, with India , Mexico , South Korea , the Philippines , and Vietnam as other common birthplaces. The state's most populous racial group, non-Hispanic whites , has declined as a proportion of the population from 76% in 1990 to 58.6% in 2020. Immigrants from Britain and Ireland settled throughout the Commonwealth during

13524-489: The United States. Virginia has a total area of 42,774.2 square miles (110,784.7 km ), including 3,180.13 square miles (8,236.5 km ) of water, making it the 35th- largest state by area. It is bordered by Maryland and Washington, D.C. to the northeast; by the Atlantic Ocean to the east; by North Carolina to the south; by Tennessee to the southwest; by Kentucky to the west; and by West Virginia to

13685-530: The Virginia General Assembly proposed a new surveying commission in 1871. Representatives from Tennessee preferred to keep the less-straight 1803 line, and in 1893, the U.S. Supreme Court ruled for them against Virginia . One result is how the city of Bristol is divided in two between the states. The Chesapeake Bay separates the contiguous portion of the Commonwealth from the two-county peninsula of Virginia's Eastern Shore . The bay

13846-512: The aid came in the form of a one-time grant, rather than continuous assistance. One of the largest recent controversies over the amendment centered on school vouchers —government aid for students to attend private and predominantly religious schools. The Supreme Court, in Zelman v. Simmons-Harris (2002), upheld the constitutionality of private school vouchers, turning away an Establishment Clause challenge. Further important decisions came in

14007-739: The area at that time included the Algonquian in the Tidewater region , which they referred to as Tsenacommacah , the Iroquoian -speaking Nottoway and Meherrin to the north and south, and the Tutelo , who spoke Siouan , to the west. In response to threats from these other groups to their trade network, thirty or so Virginia Algonquian -speaking tribes consolidated during the 1570s under Wahunsenacawh, known in English as Chief Powhatan . Powhatan controlled more than 150 settlements that had

14168-585: The area held by the Seneca and their larger Iroquois Nation , and in 1748, a group of wealthy speculators, backed by the British monarchy, formed the Ohio Company to start English settlement and trade in the Ohio Country west of the Appalachian Mountains . France, which claimed this area as part of New France , viewed this as a threat, and in 1754 the French and Indian War engulfed England, France,

14329-659: The army and revolutionary militias. Virginia was the first colony to ratify the Articles of Confederation in December 1777. In April 1780, the capital was moved to Richmond at the urging of Governor Thomas Jefferson, who feared that Williamsburg's coastal location would make it vulnerable to British attack. British forces landed around Portsmouth in October 1780, and soldiers under Benedict Arnold raided Richmond in January 1781. The British army had over seven thousand soldiers and twenty-five warships stationed in Virginia at

14490-547: The bay as of 2024 . There are 34 native species of crayfish, like the Big Sandy . Amphibians found in Virginia include the Cumberland Plateau salamander and Eastern hellbender , while the northern watersnake is the most common of the 32 snake species. As of 2019 , roughly 16.2% of land in the Commonwealth is protected by federal, state, and local governments and non-profits. Federal lands account for

14651-566: The beginning of 1781, but General Charles Cornwallis and his superiors were indecisive, and maneuvers by the three thousand soldiers under the Marquis de Lafayette and twenty-nine allied French warships together managed to confine the British to a swampy area of the Virginia Peninsula in September. Around sixteen thousand soldiers under George Washington and Comte de Rochambeau quickly converged there and defeated Cornwallis in

14812-469: The blessings of civil, political and religious liberty, we, the people of West Virginia, in and through the provisions of this Constitution, reaffirm our faith in and constant reliance upon God and seek diligently to promote, preserve and perpetuate good government in the State of West Virginia for the common welfare, freedom and security of ourselves and our posterity. Article I defines the state in relation to

14973-528: The colonial period, when roughly three-fourths of immigrants came as indentured servants . The Appalachian mountains and Shenandoah Valley have many settlements that were populated by German and Scotch-Irish immigrants in the 18th and 19th centuries, often following the Great Wagon Road . Over ten percent of Virginians have German ancestry as of 2020 . The largest minority group in Virginia are Blacks and African Americans, about one-fifth of

15134-633: The colonial period. Only three other independent cities exist elsewhere in the US. The differences between counties and cities in Virginia are small and have to do with how each assess new taxes, whether a referendum is necessary to issue bonds, and with the application of Dillon's Rule , which limits the authority of cities and counties to countermand acts expressly allowed by the General Assembly . Counties can also have incorporated towns , and while there are no further administrative subdivisions ,

15295-506: The colony's start, residents agitated for greater local control, and in 1619, certain male colonists began electing representatives to an assembly, later called the House of Burgesses , that negotiated issues with the governing council appointed by the London Company. Unhappy with this arrangement, the monarchy revoked the company's charter and began directly naming governors and Council members in 1624. In 1635, colonists arrested

15456-517: The concentration of independent cities in the Tidewater region is that several rural counties there re-incorporated as cities or consolidated with existing cities to try to hold on to their new suburban neighborhoods that started booming in the 1950s , since cities like Norfolk and Portsmouth were able to annex land from adjoining counties until a moratorium in 1987. Others, like Poquoson , became cities to try to preserve racial segregation during

15617-623: The conclusion of the Constitutional Convention held in Philadelphia in 1787. His proposal was rejected by the other delegates. Alexander Hamilton later argued in The Federalist Papers that a Bill of Rights was unnecessary, claiming that since the Constitution granted limited powers to the federal government, it did not grant the new government the power to abuse the rights that would be secured by

15778-521: The court's reasoning, including the late Chief Justice William H. Rehnquist . Conversely, the ACLU and other civil libertarian groups hailed the court's decision. In Abington Township v. Schempp (1963), the case involving the mandatory reading of the Lord's Prayer in class, the Supreme Court introduced the "secular purpose" and "primary effect" tests, which were to be used to determine compatibility with

15939-409: The desegregation era of the 1970s. The 2020 census found the state resident population was 8,631,393, a 7.9% increase since the 2010 census . Another 23,149 Virginians live overseas, giving the state a total population of 8,654,542. Virginia has the fourth-largest overseas population of U.S. states due to its federal employees and military personnel. The fertility rate in Virginia as of 2020

16100-670: The document. Two amendments, passed in 1902, revised the state's judicial system and educational funding system. The remaining thirteen authorize the issuance of various bonds. Virginia Virginia , officially the Commonwealth of Virginia , is a state in the Southeastern and Mid-Atlantic regions of the United States between the Atlantic Coast and the Appalachian Mountains . The state's capital

16261-541: The eastern edge is the Hampton Roads metropolitan area, where over 1.7   million reside across six counties and nine cities, including the Commonwealth's three most populous independent cities: Virginia Beach , Chesapeake , and Norfolk . Neighboring Suffolk , which includes a portion of the Great Dismal Swamp , is the largest city by area at 429.1 square miles (1,111 km ). One reason for

16422-500: The end of slavery across the country. The seizure of Fort Sumter by Confederate forces on April 14, 1861, prompted Lincoln to call for a federal army of 75,000 men from state militias . The Virginia Secession Convention of 1861 voted on April 17 to secede on the condition it was approved in a referendum the next month. The convention voted to join the Confederacy, which named Richmond its capital on May 20. During

16583-545: The establishment clause. Essentially, the law in question must have a valid secular purpose, and its primary effect must not be to promote or inhibit a particular religion. Since the law requiring the recital of the Lord's Prayer violated these tests, it was struck down. The "excessive entanglement" test was added in Lemon v. Kurtzman ( vide supra ). In Wallace v. Jaffree (1985), the Supreme Court struck down an Alabama law whereby students in public schools would observe daily

16744-555: The establishment of Catholic laws in government. A possible additional precursor of the Free Exercise Clause was the Virginia Statute for Religious Freedom. The statute was drafted by Thomas Jefferson in 1777 and was introduced in the Virginia General Assembly in 1779. It did not pass the General Assembly until 1786. James Madison played an important role in its passage. The statute disestablished

16905-454: The fact that one of the intentions of the Establishment Clause was to prevent Congress from interfering with state establishments of religion that existed at the time of the founding (at least six states had established religions at the founding) – a fact conceded by even those members of the Court who believe the Establishment Clause was made applicable to the states through incorporation. Critics, such as Clarence Thomas , have also argued that

17066-511: The federal government to establish a state religion for the entire nation. The Baptists in Virginia , for example, had suffered discrimination prior to the state's disestablishment of the Anglican church in 1786. As Virginia prepared to hold its elections to the state ratifying convention in 1788, the Baptists were concerned that the Constitution had no safeguard against the creation of

17227-477: The federal government. It acknowledges the supremacy of the U.S. Constitution and declares that the state constitution is set out according to the principle that powers not enumerated for the federal government are reserved to the states . This article originated with the 1863 Constitution, reflecting the fact that the state was born out of the Civil War. Article II sets out the state's boundaries and defines

17388-663: The first cases directly dealing with display of the Ten Commandments the Court had heard since Stone v. Graham (1980). These cases were decided on June 27, 2005. In Van Orden , the Court upheld, by a 5–4 vote, the legality of a Ten Commandments display at the Texas State Capitol due to the monument's "secular purpose". In McCreary County , however, the Court ruled 5–4 that displays of the Ten Commandments in several Kentucky county courthouses were unconstitutional because they were not clearly integrated with

17549-403: The first of several invasions into Union territory. During the next three years of war, more battles were fought in Virginia than anywhere else, including the battles of Fredericksburg , Chancellorsville , Spotsylvania , and the concluding Battle of Appomattox Court House , where Lee surrendered on April 9, 1865. Virginia was formally restored to the United States in 1870, due to the work of

17710-493: The foundation for the state's revenues and expenditures. The main taxes authorized by this section are property taxes and income tax, although the legislature has the power to levy additional taxes (section 5). Much of this section deals with financing education, and the state supreme court has limited the legislature's discretion in funding education as a result. Section 10, however, permits local school boards to increase taxation in order to properly fund schools. Article XI governs

17871-513: The government from preventing the free exercise of religion. While the Establishment Clause prohibits Congress from preferring one religion over another, it does not prohibit the government's involvement with religion to make accommodations for religious observances and practices in order to achieve the purposes of the Free Exercise Clause. The Constitutions of Clarendon , a 12th-century English law, had prohibited criminal defendants' using religious laws (at that time, in medieval England, canon law of

18032-578: The land on Virginia's islands, which include Tangier Island in the bay and Chincoteague , one of 23 barrier islands on the Atlantic coast. The Tidewater is a coastal plain between the Atlantic coast and the fall line . It includes the Eastern Shore and major estuaries of Chesapeake Bay. The Piedmont is a series of sedimentary and igneous rock -based foothills east of the mountains. The region, known for its heavy clay soil, includes

18193-466: The largest bloc in the House of Representatives . Together with the Virginia dynasty of presidents, this gave the Commonwealth national importance. Virginia is called the "Mother of States" because of its role in being carved into states such as Kentucky , and for the numbers of American pioneers born in Virginia. Between 1790 and 1860, the number of slaves in Virginia rose from around 290 thousand to over 490 thousand, roughly one-third of

18354-440: The late afternoon and evenings between April and September. These months are also the most common for tornadoes , eight of which touched down in the Commonwealth in 2023. Hurricanes and tropical storms can occur from August to October. The deadliest natural disaster in Virginia was Hurricane Camille , which killed over 150 people in 1969 mainly in inland Nelson County . Between December and March, cold-air damming caused by

18515-548: The leading case being the 1951 Dixon School Case of New Mexico. The Jefferson quotation cited in Black's opinion is from a letter Jefferson wrote in 1802 to the Baptists of Danbury , Connecticut , that there should be "a wall of separation between church and state ." Critics of Black's reasoning (most notably, former Chief Justice William H. Rehnquist ) have argued that the majority of states did have "official" churches at

18676-479: The legislature did utilize this provision in 1863 to add Berkeley and Jefferson Counties to the state following their ratification of the 1863 Constitution in November 1863 after the remainder of the state had done so in March of that year. (West Virginia officially became a state in June 1863). Amendments to this article permitted the creation of the state lottery (section 36), granted the legislature power over

18837-405: The legislature from establishing additional ones and requiring geographical diversity among the members of local school boards. Initially, the 1872 Constitution prohibited whites and Blacks from being taught in the same public school. The prohibition did not apply to private schools, such as Storer College . Since the school year consisted of four months of 22 days each, in some towns the whites used

18998-412: The legislature's ability to create and regulate corporations. Most notably, the legislature cannot create corporations through special laws but must rely on general laws applying to all corporations. This provision arose in response to the practices in the state of Virginia, where powerful corporations influenced state legislators to pass laws granting them special treatment. Many of the provisions deal with

19159-873: The majority, with thirty National Park Service units, such as Great Falls Park and the Appalachian Trail , and one national park, Shenandoah . Almost forty percent of Shenandoah's total 199,173 acres (806 km ) area has been designated as wilderness under the National Wilderness Preservation System . The U.S. Forest Service administers the George Washington and Jefferson National Forests , which cover more than 1.6 million acres (6,500 km ) within Virginia's mountains, and continue into West Virginia and Kentucky . The Great Dismal Swamp National Wildlife Refuge also extends into North Carolina, as does

19320-620: The middle of the 20th century, are the focus of conservation efforts in the state and a reintroduction program in Shenandoah National Park . Virginia has 226 species of freshwater fish from 25 families, a diversity attributable to the area's varied and humid climate, topography, interconnected river system, and lack of Pleistocene glaciers . Common examples on the Cumberland Plateau and higher-elevation regions include Eastern blacknose dace , sculpin , smallmouth bass , redhorse sucker , Kanawha darter , and brook trout ,

19481-440: The midst of the war, slavery proved to be one of the main issues at the convention, but delegates sidestepped the question of emancipation and merely prohibited enslaved persons and free persons of color from entering the state. Congress, however, required the state to adopt a policy of gradual emancipation , and with that amendment made, admitted the state into the Union. Significantly, the state's first constitution also abandoned

19642-569: The necessary reassurances. In any event, Leland cast his vote for Madison. Leland's support, according to Scarberry, was likely important to the overwhelming victory of Madison and Gordon. Prior to the enactment of the Fourteenth Amendment to the United States Constitution in 1868, the Supreme Court generally held that the substantive protections of the Bill of Rights did not apply to state governments. Subsequently, by

19803-474: The north and drifted an additional 3.5 miles by the border's westernmost point . After Tennessee joined the U.S. in 1796, new surveyors worked in 1802 and 1803 to reset their border with Virginia as a line from the summit of White Top Mountain to the top of Tri-State Peak in the Cumberland Mountains . However, deviations in that border were identified when it was re-marked in 1856, and

19964-466: The northwest. That Virginia's boundary with Maryland and Washington, D.C. only extends to the low-water mark of the south shore of the Potomac River has been an issue for water rights over the years. . Virginia's southern border was defined in 1665 as 36°30' north latitude . Surveyors marking the border with North Carolina in the 18th century however started about 3.5 miles (5.6 km) to

20125-427: The offering of prayers by religious officials before voluntarily attending ceremonies such as graduation. Thus, the Court established that the state could not conduct religious exercises at public occasions even if attendance was not strictly compulsory. In Lee the Court developed the coercion test . Under this test the government does not violate the establishment clause unless it (1) provides direct aid to religion in

20286-430: The peace with magistrates. Section 11 also authorizes the creation of municipal courts. Article IX deals with the state's 55 counties. It establishes various elected offices, including sheriffs, prosecuting attorneys, and the county commissions. Section 2 additionally provides for the appointment of officials such as coroners and overseers of the poor, although most counties no longer have such positions. Article X lays

20447-461: The population. Virginia was a major destination of the Atlantic slave trade . The Igbo ethnic group of what is now southern Nigeria were the largest African group among slaves in Virginia. Blacks in Virginia also have more European ancestry than those in other southern states, and DNA analysis shows many have asymmetrical male and female ancestry from before the Civil War, evidence of European fathers and African or Native American mothers. Though

20608-620: The pre-war debt. But in 1883, they were divided by a proposed repeal of anti-miscegenation laws , and days before that year's election, a riot in Danville , involving armed policemen, left four Black men and one white man dead. These events motivated a push by white supremacists to seize political power through voter suppression , and segregationists in the Democratic Party won the legislature that year and maintained control for decades. They passed Jim Crow laws that established

20769-518: The presence of Confederate monuments in Virginia have also led to large demonstrations, including in August 2017, when a white supremacist drove his car into protesters , killing one, and in June 2020, when protests that were part of the larger Black Lives Matter movement brought about the removal of Confederate statues . Virginia is located in the Mid-Atlantic and Southeastern regions of

20930-447: The proposed Constitution. Leland stated in the letter that, among his other concerns, the Constitution had no Bill of Rights and no safeguards for religious liberty and freedom of the press. A number of historians have concluded on the basis of compelling circumstantial evidence that, just prior to the election in March 1788, Madison met with Leland and gained his support of ratification by addressing these concerns and providing him with

21091-572: The question of financial assistance to religious organizations in Bradfield v. Roberts (1899). The federal government had funded a hospital operated by a Roman Catholic institution. In that case, the Court ruled that the funding was to a secular organization – the hospital – and was therefore permissible. During the twentieth century, the Supreme Court more closely scrutinized government activity involving religious institutions. In Everson v. Board of Education (1947),

21252-432: The regulation of railroads. Article XII deals with the state's educational system. Because Virginia lacked a statewide system of public education, the drafters of the 1863 constitution made establishing such a system a high priority. The system is overseen by the state board of education, with various local school districts responsible for directly administering schools. Sections 6 and 10 regulate these districts, prohibiting

21413-613: The repeal of Jim Crow laws in the 1970s. Virginia's state legislature is the Virginia General Assembly , which was established in July 1619, making it the oldest current law-making body in North America . Unlike other states, cities and counties in Virginia function as equals, but the state government manages most local roads. It is also the only state where governors are prohibited from serving consecutive terms. Nomadic hunters are estimated to have arrived in Virginia around 17,000 years ago. Evidence from Daugherty's Cave shows it

21574-469: The rest are mostly winter residents or transients . Water birds include sandpipers, wood ducks, and Virginia rail , while common inland examples include warblers, woodpeckers, and cardinals, the state bird . Birds of prey include osprey, broad-winged hawks , and barred owls . There are no endemic bird species. Audubon recognizes 21 Important Bird Areas in the state. Peregrine falcons , whose numbers dramatically declined due to DDT poisoning in

21735-491: The rights of citizens. It also deals with issues such as treason, the state seal , and the wording of various legal documents. Due to its origins as a split from the state of Virginia, the eastern boundary laid out in Article II was disputed by the latter state. The boundary claimed by West Virginia was eventually recognized by the U.S. Supreme Court in 1871 with the case Virginia v. West Virginia . Article III sets out

21896-487: The rights of religion and the civil authority... entire abstinence of the government" (1832 letter Rev. Adams), and "practical distinction between Religion and Civil Government as essential to the purity of both, and as guaranteed by the Constitution of the United States" (1811 letter to Baptist Churches). In Lemon v. Kurtzman (1971), the Supreme Court ruled that government may not "excessively entangle" with religion. The case involved two Pennsylvania laws: one permitting

22057-499: The rights of the state's citizens. Many of the rights found in Article III are also found in the federal Bill of Rights . As a former part of Virginia, that state's Bill of Rights also influenced West Virginia's. The state's bill of rights also contains some provisions not found in either of its antecedents. These include a prohibition on "political tests" such as religious tests or loyalty oaths . This provision arose following

22218-415: The sale of "forfeited and delinquent lands" provided funding for the state's nascent educational system, although not as much as drafters such as Gordon Battelle hoped. These provisions were unique to any state constitution. A 1992 amendment repealed most of this article, although sections 1 and 2 remain in force. Section 1 provides for the continuity of land ownership from Virginia, while section 2 abolished

22379-499: The same winter-holiday season , which has attained a secular status in our society." In Lynch v. Donnelly the Supreme Court also developed with the endorsement test a further test to determine the constitutionality under the Establishment Clause of certain government actions. In 2001, Roy Moore , then Chief Justice of Alabama , installed a monument to the Ten Commandments in the state judicial building. In 2003, he

22540-503: The school from September through December, and Blacks from January through April. Article XIII regulates land ownership within the state. This article arose in 1862 in response to various land disputes left unresolved by the state government of Virginia. State legislator Benjamin Harrison Smith drafted provisions which aimed to ease access to land titles by resident landowners vis-à-vis non-resident land speculators. Additionally,

22701-686: The state living in Northern Virginia . Northern Virginia also has a significant population of Vietnamese Americans , whose major wave of immigration followed the Vietnam War . Korean Americans have migrated there more recently, while about 45,000 Filipino Americans have settled in the Hampton Roads area. Tribal membership in Virginia is complicated by the legacy of the state's " pencil genocide " of intentionally categorizing Native Americans and Blacks together, and many tribal members do have African or European ancestry, or both. In 2020,

22862-587: The state population, and the number of slave owners rose to over 50 thousand. Both of these numbers represented the most in the U.S. The boom in Southern cotton production using cotton gins increased the amount of labor needed for harvesting raw cotton , but new federal laws prohibited the importation of slaves. Decades of monoculture tobacco farming had also degraded Virginia's agricultural productivity . Virginia plantations increasingly turned to exporting slaves , which broke up countless families and made

23023-545: The state than moving to it in 2021. This is largely credited to high home prices in Northern Virginia, which are driving residents there to relocate south; Raleigh is their top destination. Aside from Virginia, the top birth state for Virginians is New York , with the Northeast accounting for the largest number of domestic migrants into the state by region. About twelve percent of residents were born outside

23184-467: The state to "purchase" services in secular fields from religious schools, and the other permitting the state to pay a percentage of the salaries of private school teachers, including teachers in religious institutions. The Supreme Court found that the government was "excessively entangled" with religion, and invalidated the statutes in question. The excessive entanglement test, together with the secular purpose and primary effect tests thereafter became known as

23345-410: The state's forests (section 53), and provide for the continuity of government (section 54). Article VII details the executive branch of the state government. Most of the article concerns the powers of the state governor. Other officers in this branch include the secretary of state, auditor, treasurer, agriculture commissioner, and attorney general. (The agriculture commissioner was added in 1934, while

23506-432: The supreme court, but the original 1872 constitution replaced this township system with a reliance on county courts in addition to the supreme and circuit courts. These courts lost most of their judicial power in 1880 but were not formally abolished until 1974, when the present version of Article VIII was enacted. (At that time, the county courts became county commissions). Additionally, the 1974 amendments replaced justices of

23667-408: The system of land warrants. (Land warrants were documents issued by the state government authorizing the surveying and possession of undeveloped land). Article XIV provides two methods for amending the constitution: a constitutional convention (section 1) and legislative amendments (section 2). The former has only been used to enact the 1872 constitution. Fifteen amendments are attached to the end of

23828-542: The time of the First Amendment's adoption and that James Madison , not Jefferson, was the principal drafter. However, Madison himself often wrote of "perfect separation between the ecclesiastical and civil matters" (1822 letter to Livingston), which means the authority of the church (that which comes from the church) is decided by church authority, and that which is decided in civil government is decided by civil authorities; neither may decree law or policy in each other's realm. Another description reads: "line of separation between

23989-411: The title of "Governor." Article VIII covers the judicial branch of the state government. The only courts established by this article are the state supreme court , circuit courts , and magistrate courts. Additionally, the legislature has the ability to create various other appellate courts but thus far has not done so. The 1863 constitution used a system of townships to organize the judicial branch below

24150-592: The traditional system of county government found in Virginia and elsewhere in the South. Instead, the drafters of the 1863 document "Yankeefied" the state's local government, establishing a system of townships which resembled that found in New England . In 1869, the Flick Amendment created universal manhood suffrage within the state. Two years later, the state legislature called for a convention to draft

24311-432: The tribes, burned Jamestown. Bacon's Rebellion forced the signing of Bacon's Laws , which restored some of the colony's rights and sanctioned both attacks on native tribes and the enslavement of their people. The Treaty of 1677 further reduced the independence of the tribes that signed it, and aided the colony's assimilation of their land in the years that followed. Colonists in the 1700s were pushing westward into

24472-483: The western and mountainous parts of the Commonwealth, oak and hickory are most common, while lower altitudes are more likely to have small but dense stands of hemlocks and mosses in abundance. Spongy moth infestations in oak trees and the blight in chestnut trees have decreased both of their numbers, leaving more room for hickory and the invasive tree of heaven . In the lowland tidewater and Piedmont , yellow pines tend to dominate, with bald cypress wetland forests in

24633-703: The words Gloria in Excelsis Deo , the words sung by the angels at the Nativity ( Luke 2:14 in the Latin Vulgate translation). At the same time, the Allegheny County Court upheld the display of a nearby menorah , which appeared along with a Christmas tree and a sign saluting liberty, reasoning that "the combined display of the tree, the sign, and the menorah ... simply recognizes that both Christmas and Hanukkah are part of

24794-419: Was 55.8 per 1,000 females between the ages of 15 and 44, and the median age as of 2021 was the same as the national average of 38.8 years old. The geographic center of population is located northwest of Richmond in Hanover County , as of 2020 . Though still growing naturally as births outnumber deaths, Virginia has had a negative net migration rate since 2013, with 8,995 more people leaving

24955-400: Was formed from the drowned river valley of the ancient Susquehanna River . Many of Virginia's rivers flow into the Chesapeake Bay, including the Potomac , Rappahannock , York , and James , which create three peninsulas in the bay, traditionally referred to as "necks" named Northern Neck , Middle Peninsula , and the Virginia Peninsula from north to south. Sea level rise has eroded

25116-422: Was held that in both cases, the state unconstitutionally provided aid to religious organizations. The ruling was partially reversed in Mueller v. Allen (1983). There, the Court upheld a Minnesota statute permitting the use of tax revenues to reimburse parents of students. The Court noted that the Minnesota statute granted such aid to parents of all students, whether they attended public or private schools. While

25277-506: Was led by Patrick Henry and Richard Henry Lee , among others. Virginians began to coordinate their actions with other colonies in 1773 and sent delegates to the Continental Congress the following year. After the House of Burgesses was dissolved in 1774 by the royal governor , Virginia's revolutionary leaders continued to govern via the Virginia Conventions . On May 15, 1776, the Convention declared Virginia's independence and adopted George Mason 's Virginia Declaration of Rights , which

25438-432: Was ordered in the case of Glassroth v. Moore by a federal judge to remove the monument, but he refused to comply, ultimately leading to his removal from office. The Supreme Court refused to hear the case, allowing the lower court's decision to stand. On March 2, 2005, the Supreme Court heard arguments for two cases involving religious displays, Van Orden v. Perry and McCreary County v. ACLU of Kentucky . These were

25599-426: Was regularly used as a rock shelter by 9,800 years ago. During the late Woodland period (500–1000 CE ), tribes coalesced, and farming, first of corn and squash, began, with beans and tobacco arriving from the southwest and Mexico by the end of the period. Palisaded towns began to be built around 1200. The native population in the current boundaries of Virginia reached around 50,000 in the 1500s. Large groups in

25760-636: Was responsible for building 38 warships for the U.S. Navy between 1907 and 1923. During World War I , German submarines attacked ships outside the port, which was a major site for transportation of soldiers and supplies. After the war, a homecoming parade to honor African-American troops was attacked in July 1919 by the city's police as part of a renewed white-supremacy movement, known as Red Summer . The shipyard continued building warships in World War II , and quadrupled its pre-war labor force to 70,000 by 1943. The Radford Arsenal outside Blacksburg also employed 22,000 workers making explosives, while

25921-402: Was then included in a new constitution that designated Virginia as a commonwealth . Another Virginian, Thomas Jefferson , drew upon Mason's work in drafting the national Declaration of Independence . After the American Revolutionary War began, George Washington was selected by the Second Continental Congress in Philadelphia to head the Continental Army , and many Virginians joined

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