application for admission to the Union was made to Congress, introduced by Senator Waitman Willey of the Restored Government of Virginia. Carlile sought to sabotage the bill, first trying to expand the new state's boundaries to include the Shenandoah Valley, and then to defeat the Willey amendment at home. On December 31, 1862, President Abraham Lincoln approved an enabling act admitting West Virginia on the condition that a provision for the gradual abolition of slavery be inserted in its constitution (as Battelle had urged in the Wheeling Intelligencer and also written to Lincoln). While many felt 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, Lincoln issued a proclamation admitting the state 60 days later on June 20, 1863. Meanwhile, officers for the new state were chosen, while Pierpont moved his pro-Union Virginia capital to Union-occupied Alexandria, where he asserted and exercised jurisdiction over all the remaining Virginia counties within the federal lines. The question of the constitutionality of the formation of the new state was later brought before the Supreme Court of the United States in Virginia v. West Virginia. Berkeley and Jefferson counties, lying on the Potomac east of the mountains, voted in favor of annexation to West Virginia in 1863, with the consent of Virginia's reorganized government. Many voters of the strongly pro-secessionist counties were absent in the Confederate Army when the vote was taken and refused to acknowledge the transfer when they returned. The Virginia General Assembly repealed the act of secession and in 1866 brought suit against West Virginia asking the court to declare the counties part of Virginia, which would have made West Virginia's admission as a state unconstitutional. Meanwhile, on March 10, 1866, Congress passed a joint resolution recognizing the transfer. The Supreme Court decided in West Virginia's favor in 1870. During the Civil War, Union General George B. McClellan's forces gained possession of the greater part of the territory in the summer of 1861, culminating at the Battle of Rich