Mr. ROGERS. The report of the committee, unanimous, except so far as I am concerned, bases the authority of congress to recognize the transfer of a part of 015 Virginia to WestVirginia upon the ground that the State of old Virginia was a State de jure under Governor Peirpoint. It is asserted she had the right to transfer any portion of herterritory, because she was a State dejure; and that by virtue of that fact old Virginia was recognize by all the Depts of the Federal government, and all the necessary machinery of government was carried on in old Virginia as in any other State of the Union. But when they came to another art of the case, and it is the main point, and it is asked whether it does not require the consent of old Virginia, WestVirginia, and the congress of the U.S. at the same identical moment to carry into effect a tripartite agreement for the transfer of a part of old Virginia to WestVirginia, then they say it is doubtful whether Virginia is more than a mere govern ment defacto. Now, gentlemen will remember that the State of Virginia, before congress had taken any action on this subject at a 1, several months ago, and since the war ended, passed a solemn act of her Legislature under her new constitution, counting these 2 counties into the State of old Virginia, and refusing her consent to the transfer of these counties to the State of WestVirginia. That was before Congress had taken any action on this subject at all. The main question in this case then arises, whether that did not end the proposed agreement. I desire that you may regard)this question as you would between any other 2 States; because it is an important one, in which not only the citizens of the State of WestVirginia, ol Virginia, and all the other States are particularly concerned, namely, whether a State, although it has given its consent that a part of its territory shall be given up to another State, may not withdraw that consent at any time before the other party, whose consent is necessary to make a legal ar rangement between the arties, shall have given its consent: I mean by the other party the congress of the U.S. Now, Ihold that if the State of old Virginia was a sovereign State, ifshe was a State dejure at the time of the formation of the government of Virginia under Governor Peirpoint, she is a State dejure today, and that the authority which she exercised in taking away the consent which she had before given to the transfer of apart of her territory to WestVirginia was a sovereign exercise of authority, which she had a right to make; and if she withdrew it at any time before Congress gave its consentimean the 3rd party whose consent was required in order to complete the contract then the contract was not completed and the grant was unexecuted.