Virginia had no choice, West Virginia, largely separated as it was by mountains from Virginia proper, was occupied early on by Union troops and Confederate attempts to retake it were unsuccessful....
As for the Constitutionality of the move, an interesting paradox. The US Constitution required that Virginia consent, but Virginia had already seceded, so a provisional government was formed from Unionist residents to give consent.
I seriously doubt that Virginia ever formally recognised the loss of West Virginia under the Confederacy.
Birdwatcher
"...if the gentlemen of Virginia shall send us a dozen of their sons, we would take great care in their education, instruct them in all we know, and make men of them." Canasatego 1744
