He had a clear and consistent
constitutional theory under which this could be done. In his first
inaugural he announced the doctrine that "the union of these States is
perpetual" and "unbroken." His special message to Congress on July 4,
1861, added the supplementary declaration that "the States have their
status in the Union, and they have no other legal status." The same
message contained the further definition:
"The people of Virginia have thus allowed this giant insurrection to
make its nest within her borders; and this government has no choice left
but to deal with it where it finds it. And it has the less regret, as
the loyal citizens have, in due form, claimed its protection. Those
loyal citizens this government is bound to recognize and protect, as
being Virginia."
The action of Congress entirely conformed to this theory. That body
admitted to seats senators and representatives from the provisional
State governments of West Virginia and Missouri; and also allowed
Senator Andrew Johnson of Tennessee to retain his seat, and admitted
Horace Maynard and Andrew J. Clements as representatives from the same
State, though since their election Tennessee had undergone the usual
secession usurpation, and had as yet organized no loyal provisional
government.
The progress of the Union armies was so far checked during the second
half of 1862, that Military Governor Phelps, appointed for Arkansas, did
not assume his functions; and Military Governor Stanley wielded but
slight authority in North Carolina.
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