Timeline of West Virginia: Civil War and Statehood
December 22, 1862

Monday Decr 15, 1862 Went at night to the Presidents with Judge Norton, Genl & Mrs N B Buford & Mrs Genl Jno: Buford. Left them with Mrs Lincoln and I went up and talked with the President. I took him the bill creating the State of New Virginia. He was distressed at its passage, and asked me how long he could retain it before approving or vetoing. I told him ten days. He wished he had more. I replied I would give him a few days more. That I would not now lay it before him, but would retain it and furnish him a copy to examine which I did.

The bill for the admission of West Va. into the Union was not presented to the President till last Monday. He has not determined whether or not to sign it, and has asked of each member of his Cabinet a written opinion on the subject. Meantime a question has been raised under the following clause of the Constitution:

"If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Congress by their adjournment prevents its return, in which case it shall not be a law."

The ten days will not elapse before Congress meets again, but is the recess during the holidays such an adjournment within the meaning of this clause, as will prevent the act from becoming a law?

Timeline of West Virginia: Civil War and Statehood: December 1862