The first working constitution of the newly formed United States was established loosely by the Second Continental Congress, and the Congress served essentially as the national government until it was replaced in 1781 by The Articles of Confederation, which created, as the name implies, a confederation.he first working constitution of the newly formed United States was established loosely by the Second Continental Congress, and the Congress served essentially as the national government until it was replaced in 1781 by The Articles of Confederation, which created, as the name implies, a confederation.