Mr. ROG RS. Iwill not object to yielding if it does not come out of my time. I have no time to spare. Now. the committee admit the fact that WestVirginia has not acquired these 2 counties through any consent of Congress, unless article 4,section 16 of her constitution, by which she was admitted into the Union, can be construed constructively to give such consent, which seems to be the idea contained in the report of the committee on age 2. Now, have shown by the opinions of the court that it is necessary for Congress to give consent, and by the act of Congress that it did not give its consent to the incor oration of more than 48 counties into the State of WestVirginia. I propose to offer an amendment to the report of the committee. Although I believe that every exercise of jurisdiction over these counties on the part of WestVirginia is null and void, all i ask isthat this question shall be sent back to the counties of Jefferson and Berkeley, o that the people may vote upon it according Will the gentleman to be admitted and incorporated into WestVirginia or to remain with 01 Virginia. this amendment, to come in at the end of the bill: Provided. That the (linestion of the annexation of the said counties she! be referred to a vote of the the 2ndTuesday of April next. by commissioners appointed by the governor of Virginia and a rnnjority of the legnl votersof said counties under the laws of Virginia shall at said election, be found in favor of such annexation. But how am I met? I am now oing to answer that argument. I am met by the argument of the learned gentleman who reported this bill, that we have no right to send this proposition back to these counties for their action. Why not? When WestVirginia presented herself here under the agreement between herself and old Virginia to be admitted into the Union by act of Congress, she was refused admission and was sent back and told that when that State abolished slavery she could be admitted under the constitution as a free State by act of Congress and a new section was added to the constitution, and it was submitted to the people in March, 1863, and in April, 1863, the State was admitted upon the conditions prescribed by Congress, to wit, the abolition of slavery. But that constitution was never submitted to these counties and it was not until January, 1863, that Virginia gave her consent to the transfer of these counties by a mere act of her Legislature. She was a State dejure then, to exercise one of the highest acts of sovereignty in the transfer of her domain. She was a State de jure a few months ago in repealing her act for transfer. Her dejure sovereignty as a State has since been acknowledged in her ratifying the constitutional amendment. If she was not a State dejure in 1863, when she gave her consent, her not was null and void, and the exercise of authority by WestVirginia is usurpation on that account; but upon every view of the case, WestVirginia usurped her powers in controlling these counties before congress consented. If Congress had a right to send back WestVirginia for the purpose of having a vote there and a new constitution formed, so that the requirements of Congress might be complied with by WestVirginia, will any gentleman who is a lawyer tell me that Congress has npt the right under that same inherent power to ordert at an election shall be held in these counties to take the sense of the people whether they shall be added on to WestVirginia or remain in the gallant State of old Virginia?