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https://en.wikipedia.org/wiki/History_of_West_Virginia#Civil_War_and_split

Civil War and split
Main article: West Virginia in the American Civil War
In 1861, as the United States itself became massively divided over regional issues, leading to the American Civil War (1861–1865), the western regions of Virginia split with the eastern portion politically, and the two were never reconciled as a single state again. In 1863, the western region was admitted to the Union as a new separate state, initially planned to be called the State of Kanawha, but ultimately named West Virginia.

Separation

John S. Carlile, a leader during the First Wheeling Convention
In Richmond on April 17, 1861, the 49 delegates from the future state of West Virginia voted 17 in favor of the Ordinance of Secession which paved the way for Virginia’s secession from the Union, 30 voted against,[3] and two of those delegates abstained.[4] Almost immediately after the adoption of the ordinance, a mass meeting at Clarksburg recommended that each county in north-western Virginia send delegates to a convention to meet in Wheeling on May 13, 1861.

When the First Wheeling Convention met, 425 delegates from 25 counties were present, but a division of sentiment soon arose. Some delegates favored the immediate formation of a new state, while others argued that, as Virginia’s secession had not yet been ratified or become effective, such action would constitute revolution against the United States.[5] It was decided that if the ordinance were adopted (of which there was little doubt) another convention including the members-elect of the legislature should meet at Wheeling in June 1861.

At the election on May 23, 1861, secession was ratified by a large majority in the state as a whole. But, in the western counties that would form the state of West Virginia the vote was approximately 34,677 against and 19,121 for ratification of the Ordinance of Secession.

Counties (in green) Approving Virginia’s Secession from the U.S.
The Second Wheeling Convention met as agreed on June 11, 1861, and adopted “A Declaration of the People of Virginia.” The document, drafted by former state senator John S. Carlile, declared that since the Secession Convention had been called without the consent of the people, all its acts were illegal. It further declared the pro-secession government in Richmond void and called for a reorganization of the state government, taking the line that all who adhered to the Ordinance of Secession had effectively vacated their offices. An act for the reorganization of the government was passed on June 19, 1861. On the following day, Francis H. Pierpont was chosen as governor of the “Restored Government of Virginia”, other officers were elected, and the convention adjourned. The legislature, composed of the members from the western counties who had been elected on May 23, 1861, and some of the holdover senators who had been elected in 1859, met at Wheeling on July 1, 1861, filled the remainder of the state offices, completed the reorganization of the state government and elected two United States senators who were recognized by Washington. There were, therefore, two governments claiming to represent all of Virginia, one owing allegiance to the United States and one to the Confederacy.

Even before the American Civil War, counties in northwest Virginia were desiring to break away from Virginia to form a new state. However, the federal Constitution did not allow a new state to be created out of an existing state unless the existing state’s legislature gave its consent. The pro-northern Restored Government asserted its authority to give such approval, and authorized the creation of the state of Kanawha, consisting of most of the counties that now comprise West Virginia. A little over one month later, Kanawha was renamed West Virginia. The Wheeling Convention, which had taken a recess until August 6, 1861, reassembled on August 20, 1861, and called for a popular vote on the formation of a new state and for a convention to frame a constitution if the vote should be favorable.

West Virginia Independence Hall, site of the Wheeling Convention
At the election held on October 24, 1861, 18,408 votes were cast for the new state and only 781 against. At this time, West Virginia had nearly 70,000 qualified voters, and the May 23, 1861 vote to secede had drawn nearly 54,000 voters.[6] However most of the pro-Confederate elements no longer considered themselves citizens of the United States; they saw themselves as citizens of another country (the Confederacy) and did not vote in elections sponsored by the United States. Votes from the secessionist counties in the October 24 vote on statehood were mostly cast by refugees in the area around Wheeling, not in the counties themselves.[7] In secessionist counties where a poll was conducted it was by military intervention. Even in some counties that had voted against secession, such as Wayne and Cabell, it was necessary to send in Union soldiers.[8]

October 24, 1861 county vote for West Virginia statehood
Returns from some counties were as low as 5%, e.g. Raleigh County 32–0 in favor of statehood, Clay 76–0, Braxton 22–0, and some gave no returns at all. The Constitutional Convention began on November 26, 1861, and finished its work on February 18, 1862, and the instrument was ratified on April 11, 1862, with 18,162 votes for and 514 against.

The composition of the members of all three Wheeling Conventions, the May (First) Convention, the June (Second) Convention, and the Constitutional Convention, was of an irregular nature. The members of the May Convention were chosen by groups of Unionists, mostly in the far Northwestern counties. Over one-third came from the counties around the northern panhandle.[9] The May Convention resolved to meet again in June 1861 should the Ordinance of Secession be ratified by public poll on May 23, 1861, which was the case. The June 1861 convention consisted of 104 members, 35 of which were members of the General Assembly in Richmond, some elected in the May 23rd vote, and some hold-over State Senators. Arthur Laidley, elected to the General Assembly from Cabell County, attended the June Convention but refused to take part.[10] The other delegates to the June Convention were “chosen even more irregularly-some in mass meetings, others by county committee, and still others were seemingly self-appointed”.[11] It was this June Convention which drafted the Statehood resolution. The Constitutional Convention met in November 1861, and consisted of 61 members. Its composition was just as irregular. A delegate representing Logan County was accepted as a member of this body, though he did not live in Logan County, and his “credentials consisted of a petition signed by fifteen persons representing six families”.[12] The large number of Northerners at this convention caused great distrust over the new Constitution during Reconstruction years. In 1872, under the leadership of Samuel Price, former Lt. Governor of Virginia, the Wheeling constitution was discarded, and an entirely new one was written along ante-bellum principles. A Constitution of Our Own

At first the Wheeling politicians controlled only a small part of West Virginia. However Federal forces soon drove the Confederates out of most of West Virginia.[13]

Harpers Ferry, West Virginia, changed hands a dozen times during the American Civil War.

Wikisource has original text related to this article:an 1863 Copperhead editorial condemning the US Congress for accepting West Virginia as a state.
On May 13, 1862, the state legislature of the reorganized government approved the formation of the new state. An application for admission to the Union was made to Congress, and on December 31, 1862, an enabling act was approved by President Lincoln admitting West Virginia on the condition that a provision for the gradual abolition of slavery be inserted in the Constitution.[14][15] The Convention was reconvened on February 12, 1863, and the demand was met. The revised constitution was adopted on March 26, 1863, and on April 20, 1863, President Lincoln issued a proclamation admitting the state at the end of 60 days on June 20, 1863. Meanwhile, officers for the new state were chosen, and Governor Pierpont moved his capital to Alexandria from which he asserted jurisdiction over the counties of Virginia within the Federal lines.

Legality
The constitutionality of the new state was achieved when the Unionist government of Virginia approved the division. The question of the addition of two counties came before the Supreme Court of the United States in the case of Virginia v. West Virginia, 78 U.S. 39 (1871).[16] Berkeley and Jefferson counties lying on the Potomac east of the mountains, in 1863, with the consent of the Reorganized government of Virginia voted in favor of annexation to West Virginia. Many men absent in the Confederate army when the vote was taken refused to acknowledge the transfer upon their return. The Virginia General Assembly repealed the act of cession and in 1866 brought suit against West Virginia asking the court to declare the two counties a part of Virginia. Meanwhile, Congress on March 10, 1866, passed a joint resolution recognizing the transfer. The Supreme Court decided in favor of West Virginia, and there has been no further question.