versy which delayed the formation of the Confederation for nearly five years, and threatened, at one time, to defeat it. The spirit of retaliation against Virginia is manifest upon its face, yet it ultimately led to good results. Just as the timely thrust of Virginia had awakened the people of Maryland to the patriotic action which hastened the Declaration of Independence, so the retaliation of Maryland, though failing signally, as we shall hereafter see, in the measures proposed by the State, yet had the effect to draw attention to the subject, and ultimately induced Virginia to reconsider the territorial policy announced in her constitution, and to make the voluntary cession of her western possessions the most magnanimous act of history.
The territorial policy of Virginia had been fore shadowed in her constitution of June 26th, 1776, which was passed by the unanimous vote of her convention. This instrument declares that her western and northern extent shall stand as fixed by her charter, "unless by act of legislature one or more territories shall hereafter be laid off and governments established west of the Alleghany mountains."
This policy, so solemnly incorporated into her fundamental law, although the purpose of organizing the territory into new States is contingently expressed, furnishing the first official suggestion of additional States, was voluntarily made without pressure from others, and has been faithfully carried out. In one respect alone has Virginia departed from the policy outlined in her constitution. Instead of organizing all of her territory "west of the Alleghany mountains" into States by the direct agency of her own legislature, she subsequently committed a portion of that duty to the United States by ceding the Northwest Territory, under express stipulations that it should be organized into States. She reserved the portion south of the Ohio, and, by direct action of her own legislature, erected it into the State of Kentucky in 1792, ten years before the United States
