Mr. AWRENCE, of Ohio. I have been interruted so often that I am scarcely able to followt e line of argument that I was pursuing, though I had not expected to discuss this subject at all; and only after I heard the remarks of the Gentfrom NewJersey [Mr. Ron sns] did I intend to speak at all. But I hopeI shall be able to present this matter so that it. will be understood by the House. I will again state, and briefl, the position which I take in this matter. The consent of the old State of Virginia was given for the transfer of these counties of Berkeley and Jefferson to the State of WestVirginia, and that transfer was accepted by WestVirginia. The consent of Virginia was given by an act of her Legislature, authorizing a vote of the people of those counties to be taken. That vote was taken, and it resulted in favor of the transfer. New, I maintain that Virginia could not with draw her consent after once having given it, and that especially she could not withdraw it by any act passed by her present socalled Legislature and thisis the t ird ground Iproposed to assign. She could not wrthdraw it for the reason that once having given it, and the State of WestVirginia having acceted the transfer, the old State of Virginia could not, as a matter of good faith, and as a matter of law, now with draw her consent; for a grant by one State having been accepted and acted upon by another beeomes irrevocable, unless Congress interpose to object to it. As between the States thigrant is at once operative, since they have pe ormed all the constitution requires of the m to perfect the transfer. Congress may object, but the States may not, and Congress has not objected, nor yet suffered an unreasonable time to elapse before acting on it. Besides. shecannot withdraw her consent by the act which hersocalled Legislature assumed to pass since the commencement of this session of Congress, for the reason that this congress has refused to recognize the existing government of Virginia as a lawful government. Why, sir, at the commencement of this session We refused to admit gentlemen claimin seats as Representatives from that district o country now called the State of Virginia. We have uniformly refused to recognize the existence of any valid legislative body or of any existin State government in the State of Virginia. this a matter of historical notoriety that her present Legislature is assembled in direct violation of her own constitution; that its members have failed to take the oath prescribed by her own laws; that the number of, the members has been increased in utter violation and contempt of her own constitution; that the existing ody called the Legislature of Virginia is not a legal body at all; and Virginia though having a State government defacto is without any valid or constitutional State government today. Therefore that Legislature could not by any act with draw the asseut of the State of Virginia, previously given by a legislative body which was recognized as a lawfu body. I have already, Mr. Speaker, attempted to demonstrate, by a reference to a clause of the I constitution of WestVirginia, that Congress has already assented to the transfer of these counties. My argument, it seems, was not quite satisfactory to the distinguished Gentfrom Massachusetts, [Mr. Dawns] I will not recat the argument on that subject, contained in the report of the Judiciar (lommittee, but I invite the attention of the House to that, as it embodies my views, and which I regard as conelusive. But, sir, Congress has, by other means, given its assent to the transfer of these counties and how? Why, sir, the Gentfrom NewJerl scy [Mr. ROGERS] was pleased to read to this House an extract from a report made by the ComElections, February 8, 1864, in the case of McKenzie vs. Kitchen. He evidently examined that report somewhat hastily, for he failed to read the following very material portion of it: "It may not be improper to call attention to the fact that while the whole number of votes cast was 2059, only 962 of these were cast. for Mr. Kitchen: and that of those s 730 Were cast in the county of Berkeley. where Mr. Kitcben now resides, a county which. on the same day that these votes wore cast, v ot edalso unanimously to attach itself to WestVirginia and which has, so far as the Legislature of hot 1 Statescan ellect it. been made a part of the newState and separated from this district altogether.” This vote was followed by a surrender of jurisdiction over these counties by Virginia and an assumption of jurisdiction complete and exclusive by WestVirginia, continued uninterrupt edly from that da to this. Mr. Speaker, Congress has by other means recognized these counties as constitutin apart of WestVirginia. On this floor are her representatives, one of whom comes here with a cer tificate declaring that he was elected in the district composed in part of the counties of Berkeley an Jefferson. He has been admitted to a seat here as a Representative from that district. That is a reco ition by this House at least of the fact that t iese 2 counties constitute a part of the State of WestVirginia. Those counties are represented, too, in the Legislature of WestVirginia and they are not represented in the socalled Legislature of Virginia. That body now sitting at Richmond does not claim to exercise jurisdiction over these 2 counties.