Constitution of West Virginia
1872
West Virginia came into existence as a direct consequence of the Civil War, formed from Virginia counties that refused to follow the Commonwealth out of the Union in 1861 and admitted as a state in 1863. Its first constitution of 1863 was replaced by the current document, adopted in 1872 after conservative Democrats regained control of state government from Reconstruction-era Republicans. The 1872 constitution reduced the power of the legislature and scaled back some of the progressive provisions of its predecessor, reflecting the reaction against Reconstruction that swept much of the South and border states in that period. Though amended over the years, the 1872 constitution remains the fundamental law of the state, making West Virginia one of the few states still operating under a constitution from that era.
Preamble
Since through Divine Providence we enjoy the blessings of civil, political and religious liberty, we, the people of West Virginia, in and through the provisions of this Constitution, reaffirm our faith in and constant reliance upon God and seek diligently to promote, preserve and perpetuate good government in the State of West Virginia for the common welfare, freedom and security of ourselves and our posterity.
Article III — Bill of Rights
Section 1. All men are, by nature, equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity, namely: the enjoyment of life and liberty, with the means of acquiring and possessing property, and of pursuing and obtaining happiness and safety. Section 2. All power is vested in, and consequently derived from, the people. Magistrates are their trustees and servants, and at all times amenable to them. Section 5. No person shall be held to answer for treason, felony or other crime, not cognizable by a justice, unless on presentment or indictment of a grand jury. No bill of attainder, ex post facto law, or law impairing the obligation of a contract, shall be passed. Section 6. The rights of the citizens to be secure in their houses, persons, papers and effects, against unreasonable searches and seizures, shall not be violated. No warrant shall issue except upon probable cause, supported by oath or affirmation, particularly describing the place to be searched, or the person or thing to be seized.