Originally Posted by
Rbater
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, introduced by Senator Waitman Willey of the Restored Government of Virginia. On December 31, 1862, an enabling act was approved by President Abraham Lincoln admitting West Virginia, on the condition that a provision for the gradual abolition of slavery be inserted in its constitution. While many felt that West Virginia's admission as a state was both illegal and unconstitutional, Lincoln issued his Opinion on the Admission of West Virginia finding that "the body which consents to the admission of West Virginia is the Legislature of Virginia", and that its admission was therefore both constitutional and expedient.
The convention was reconvened on February 12, 1863, and the abolition demand of the federal enabling act was met. The revised constitution was adopted on March 26, 1863 and on April 20, 1863, President Lincoln issued a proclamation admitting the state 60 days later on June 20, 1863. Meanwhile, officers for the new state were chosen, while Gov. Pierpont moved his pro-Union Virginia capital to Union-occupied Alexandria, where he asserted and exercised jurisdiction over all of the remaining Virginia counties within the federal lines.
^ Meaning they were not independent because they went from USA (as part of Virginia) -> Confederacy -> Under Union rule -> Union.