CHAPTER VI.

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SUBDIVISIONS AND BOUNDARIES.

West Virginia's boundaries coincide, in part, with the boundaries of five other States, Ohio, Pennsylvania, Maryland, Virginia and Kentucky. Some of these lines are associated with events of historical interest, and for a number of years were subjects of controversy, not always friendly. It is understood, of course, that all the boundary lines of the territory now embraced in West Virginia, except the line between this State and Virginia, were agreed to and settled before West Virginia became a seperate State. That is, the lines between this State and Pennsylvania, Maryland, Kentucky and Ohio were all settled more than one hundred years ago. To speak briefly of each, the line separating West Virginia from Ohio may be taken first.

At the time the Articles of Confederation were under discussion in Congress, 1778, Virginia's territory extended westward to the Mississippi River. The government of the United States never recognized the Quebec Act, which was passed by the English Parliament before the Revolutionary War, and which extended the province of Quebec south to the Ohio River. Consequently, after the Declaration of Independence was signed, Virginia's claim to that territory was not disputed by the other colonies; but when the time came for agreeing to the Articles of Confederation which bound the states together in one common country, objection was raised to Virginia's extensive territory, which was nearly as large as all the other states together. The fear was expressed that Virginia would become so powerful and wealthy, on account of its extent, that it would possess and exercise an influence in the affairs of government too great for the well-being of the other states.

Maryland appears to have been the first state to take a decided stand that Virginia should cede its territory north and west of the Ohio to the general government. It was urged in justification of this course that the territory had been conquered from the British and the Indians by the blood and treasure of the whole country, and that it was right that the vacant lands should be appropriated to the use of the citizens of the whole country. Maryland took this stand June 22, 1778. Virginia refused to consent to the ceding of her western territory; and from that time till February 2, 1781, Maryland refused to agree to the Articles of Confederation. On November 2, 1778, New Jersey formally filed an objection to Virginia's large territory; but the New Jersey delegates finally signed the Articles of Confederation, expressing at the same time the conviction that justice would in time remove the inequality in territories as far as possible. On February 22, 1779, the delegates from Delaware signed, but also remonstrated, and presented resolutions setting forth that the United States Con

gress ought to have power to fix the western limits of any state claiming territory to the Mississippi or beyond. On May 21, 1779, the delegates from Maryland laid before Congress instructions received by them from the General Assembly of Maryland. The point aimed at in these instructions was that those states having almost boundless western territory had it in their power to sell lands at a very low price, thus filling their treasuries with money, thereby lessening taxation; and at the same time the cheap lands and the low taxes would draw away from adjoining states many of the best inhabitants. Congress was, therefore, asked to use its influence with those states having extensive territory, to the end that they would not place their lands on the market until the close of the Revolutionary War. Virginia was not mentioned by name, but it was well known that reference was made to that State. Congress passed, October 30, 1779, a resolution requesting Virginia not to open a land office till the close of the war. On March 7, 1780, the delegates from New York announced that State ready to give up its western territory; and this was formally done on March 1, 1781. New York having thus opened the way, other states followed the example and ceded to the United States their western territories or claims as follows: Virginia, March 1, 1784; Massachusetts, April 19, 1785; Connecticut, September 14, 1786; South Carolina, August 9, 1787; North Carolina, February 25, 1790; Georgia, April 24, 1802.

Within less than two months after Virginia ceded her northwest territory to the United States, Congress passed an ordinance for the government of the territory. The deed of cession was made by Thomas Jefferson, Arthur Lee, Samuel Hardy and James Monroe, delegates in Congress from Virginia. The boundary line between Virginia and the territory ceded to the general government was the northwest bank of the Ohio River at low water. The islands in the stream belonged to Virginia. When West Virginia became a separate State, the boundary remained unchanged.

The line between West Virginia and Kentucky remains the same as that formerly separating Virginia from Kentucky. The General Assembly of Virginia, December 18, 1789, passed an act authorizing a convention to be held in the District of Kentucky to consider whether it was expedient to form that district into a separate State. The convention decided to form a State, and Kentucky was admitted into the Union in 1792. Commissioners were appointed to adjust the boundary line between Virginia and Kentucky, and agreed that the line separating the two states should remain the same as that formerly separating Virginia from the District of Kentucky. The line is as follows so far as West Virginia and Kentucky are contiguous: Beginning at the northwestern point of McDowell County, thence down Big Sandy River to its confluence with the Ohio.

The line dividing the northern limits of West Virginia from the southern limits of Pennsylvania was for many years a matter of dispute. Maryland and Pennsylvania had nearly a century of bickering concerning the matter before Virginia took it up in earnest. It is not necessary at this time to give the details of the controversy. A few facts will suffice. Pennsylvania and Maryland having contended for a long time over their common boundary line, two eminent astronomers, Charles Mason and Jeremiah Dixon of England, were employed to mark a line five degrees west from the Delaware River at a point where it is crossed by the parallel of north latitude 39 degrees, 43 minutes, 26 seconds. They commenced work in the latter part of 1763, and completed it in the latter part of 1767. This line,

called Mason and Dixon's line, was accepted as the boundary between Pennsylvania and Maryland, and the controversy was at an end. But beyond the west line of Maryland, where Virginia's and Pennsylvania's posessions came in contact. a dispute arose, almost leading to open hostilities between the people of the two states. Virginia wanted Pittsburg, and boldly and stubbornly set up a claim to territory, at least as far north as the fortieth degree of latitude. This would have given Virginia part of Fayette and Greene Counties, Pennsylvania. On the other hand, Pennsylvania claimed the country south to the thirty-ninth degree, which would have extended its jurisdiction over the present territory of West Virginia included in the counties of Monongalia, Preston, Marion, Taylor, parts of Tucker, Barbour, Upshur, Lewis, Harrison, Wetzel and Randolph. The territory in dispute was about four times as large as the State of Rhode Island. It was finally settled by a compromise. It was agreed that the Mason and Dixon's line be extended west five degrees from the Delaware River. The commissioners appointed to adjust the boundary were Dr. James Madison and Robert Andrews on the part of Virginia, and David Ritenhouse, John Ewing and George Bryan on the part of Pennsylvania. They met at Baltimore in 1779 and agreed upon a line. The next year the agreement was ratified, by Virginia in June and Pennsylvania in September. A line was then run due north from the western end of Mason and Dixon's line, till it reached the Ohio River. This completed the boundary lines between Virginia and Pennsylvania; and West Virginia's territory is bounded by the same lines.

The fixing of the boundary between Virginia and Maryland was long a subject of controversy. It began in the early years of the colony, long before the Revolutionary War, and has continued, it may be said, till the present day, for occasionally the agitation is revived. West Virginia inherited most of the subject of dispute when it set up a separate government. The controversy began so early in the history of the country, when the geography of what is now West Virginia was so imperfectly understood, that boundaries were stated in general terms; following certain rivers; and in after time these general terms were differently understood. Nearly two hundred years ago the Potomac River was designated as the dividing line between lands granted in Maryland and lands granted in Virginia; but at that time the upper tributaries of that river had never been explored, and as no one knew what was the main stream and what were tributary streams, Lord Fairfax had the stream explored, and the explorers decided that the main river had its source at a point where the Fairfax Stone was planted, the present corner of Tucker, Preston and Grant Counties, in West Virginia. It also was claimed as the southwest corner of Maryland. It has so remained to this day, but not without much controversy on the part of Maryland.

The claim was set up by Maryland, in 1830, that the stream known as the South Branch of the Potomac is the main Potomac River, and that all territory north of that stream and south of Pennsylvania, belonged to Maryland. A line drawn due north from the source of the South Branch to the Pennsylvania line was to be the western boundary of Maryland. Had that State succeeded in establishing its claim and extending its jurisdiction, the following territory would have been transferred to Maryland: Part of Highland County, Virginia; portions of Randelph, Tucker, Preston, Pendleton, Hardy, Grant, Hampshire and all of Mineral Counties, West Vir

ginia. The claim of Maryland was resisted, and Governor Floyd, of Virginia, appointed Charles J. Faulkner, of Martinsburg, to investigate the whole matter, and ascertain, if possible, which was the main Potomac, and to consult all available early authorities on the subject. Mr. Faulkner filed his report November 6, 1832, and in this report he showed that the South Branch was not the main Potomac, and that the line as fixed by Lord Fairfax's surveyors remained the true and proper boundary between Virginia and Maryland. The line due north from the Fairfax Stone to the Pennsylvania line remains the boundary in that quarter between West Virginia and Maryland, but the latter State is still disputing it.

When West Virginia separated from Virginia and took steps to set up a government for itself, it was at one time proposed to call the State Kanawha; and its eastern boundary was indicated so as to exclude some of the best counties now in the State. The counties to be excluded were Mercer, Greenbrier, Monroe, Pocahontas, Pendleton, Hardy, then including Grant; Hampshire, then including Mineral; Morgan, Berkeley and Jefferson. It was provided that any adjoining county of Virginia on the east might become a part of the State of West Virginia whenever a majority of the people of the county expressed a willingness to enter the new State. But, before the State was admitted the boundary line was changed and was fixed as it now is found.

As is well known, the territory which now forms West Virginia was a portion of Virginia from the first exploration of the country until separated from the State during the Civil War, in 1863. For a quarter of a century after the first settlement was planted in Virginia there were no counties; but as the country began to be explored, and when the original settlement at Jamestown grew, and others were made, it was deemed expedient to divide the State into counties, although the entire population at that time was scarcely enough for one respectable county. Accordingly, Virginia was divided into eight counties in 1634. The western limits were not clearly defined, except that Virginia claimed the land from the Atlantic to the Pacific, and it was no doubt intended that the counties on the west should embrace all her territory in that direction. The country beyond the Blue Ridge was unexplored, and only the vaguest ideas existed concerning it. There was a prevailing belief that beyond the Blue Ridge the country sloped to the Pacific, and that a river would be found with its source in the Blue Ridge and its mouth in that ocean.

The eastern portion of West Virginia, along the Potomac and its tributaries in 1735, was no longer an unbroken wilderness, but settlements existed in several places. In 1738 it was urged that there were people enough in the territory to warrant the formation of a new county. Accordingly, that portion of Orange west of the Blue Ridge was formed into two counties, Augusta and Frederick. Thus Orange County no longer embraced any portion of the territory now in this State. Frederick County embraced the lower, or northern part of the Shenandoah Valley, with Winchester as the county seat, and Augusta the Southern, or Upper Valley, with Staunton as the seat of justice. Augusta then included almost all of West Virginia and extended to the Mississippi River, including Ohio, Kentucky, Michigan, Indiana and Illinois. From its territory all the counties of West Virginia, except Jefferson, Berkeley and part of Morgan, have been formed, and its subdivision into counties will be the subject of this chapter. No part of West Virginia retains the name of Augusta, but the county still exists in

Virginia, part of the original county of that name, and its county seat is the same as at first-Staunton.

In 1769 Botetourt county was formed from Augusta and included the territory now embraced in McDowell, Wyoming, Mercer, Monroe, Raleigh and portions of Greenbrier, Boone and Logan. No county in West Virginia now has the name Botetourt. It is thus seen that no one of the first counties in the territory of West Virginia retains any name in it. Essex, Spotsylvania, Orange, Augusta and Botetourt, each in its turn, embraced large parts of the State, but all the territory remaining under the original names is found in old Virginia, where the names are preserved. The District of West Augusta was a peculiar division of West Virginia's present

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MAP OF THE FIRST COUNTY WHOLLY IN WEST VIRGINIA.

territory. It was not a county. Its boundary lines as laid down in the Act of Assembly in 1776, failed to meet--that is, one side of the District was open and without a boundary. Yet counties were formed from West Augusta as if it were a county and subject to division. From it Monongalia was taken, yet part of Monongalia was never in the District of West Augusta. The confusion was due to the ignorance of the geography of the region at that time. The boundary lines, from a mathematical standpoint, enclosed nothing, or, at any rate, it is uncertain what they enclosed. The act of 1776, declaring the line between Augusta County and the District of West Augusta reads as follows:

"Beginning on the Alleghany Mountain between the heads of the Potomac, Cheat and Greenbrier Rivers, thence along the ridge of mountains which divides the waters of