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The order may be granted upon a showing of clear and convincing evidence that the child will suffer neglect in his or her education or that there are other compelling reasons to deny home instruction. If 2 is the chosen option, homeschoolers then must comply with letters A — E. B The person or persons providing home instruction shall submit satisfactory evidence of a high school diploma or equivalent, or a post-secondary degree or certificate from a regionally accredited institution or from an institution of higher education that has been authorized to confer a post-secondary degree or certificate in West Virginia by the West Virginia Council for Community and Technical College Education or by the West Virginia Higher Education Policy Commission.
C Annually, the person or persons providing home instruction shall obtain an academic assessment of the child for the previous school year in one of the following ways: Listed below are the four options available to WV homeschoolers for the annual assessment. Choose one each year to comply with the law. When the annual assessment fails to show acceptable progress, the person or persons providing home instruction shall initiate a remedial program to foster acceptable progress. Identification of a disability does not preclude the continuation of home schooling.
In the event that the child does not achieve acceptable progress for a second consecutive year, the person or persons providing instruction shall submit to the county superintendent additional evidence that appropriate instruction is being provided. E The parent or legal guardian shall submit to the county superintendent the results of the academic assessment of the child at grade levels three, five, eight and eleven, as applicable, by June 30 of the year in which the assessment was administered. Please note that these offerings are subject to availability and do not mention special needs resources.
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The county superintendent or a designee shall offer such assistance, including textbooks, other teaching materials and available resources, all subject to availability, as may assist the person or persons providing home instruction. Any child receiving home instruction may upon approval of the county board exercise the option to attend any class offered by the county board as the person or persons providing home instruction may consider appropriate subject to normal registration and attendance requirements.
The election results were questioned, since the Union army then occupied the area and Union troops were stationed at many of the polls to prevent Confederate sympathizers from voting. Most pro-statehood votes came from 16 counties around the Northern panhandle. Votes recorded from pro-secession counties were mostly cast elsewhere by Unionist refugees from these counties. Despite that controversy, delegates including many Methodist ministers met to write a new Constitution for the new state, beginning on November 26, During that constitutional convention, a Mr.
Lamb of Ohio County and a Mr. Carskadon claimed that in Hampshire County, out of votes only 39 were cast by citizens of the state; the rest were cast illegally by Union soldiers. Gordon Battelle , who also represented Ohio County, and who proposed resolutions to establish public schools, as well as to limit movement of slaves into the new state, and to gradually abolish slavery. The education proposal succeeded, but the convention tabled the slavery proposals before finishing its work on February 18, The new constitution was more closely modeled on that of Ohio than of Virginia, adopting a township model of government rather than the "courthouse cliques" of Virginia which Carlile criticized, and a compromise demanded by the Kanawha region Charleston lawyers Benjamin Smith and Brown allowed counties and municipalities to vote subsidies for railroads or other improvement organizations.
On May 13, the state legislature of the reorganized government approved the formation of the new state. 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. Battelle had urged in the Wheeling Intelligencer and also written to Lincoln. While many felt that 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, , and the abolition demand of the federal enabling act was met. The revised constitution was adopted on March 26, and on April 20, , President Lincoln issued a proclamation admitting the state 60 days later on June 20, Meanwhile, officers for the new state were chosen, while Gov. Pierpont moved his pro-Union Virginia capital to Union-occupied Alexandria , where he asserted and exercised jurisdiction over all of 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. Berkeley and Jefferson counties lying on the Potomac east of the mountains, in , with the consent of the reorganized government of Virginia voted in favor of annexation to West Virginia. 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 , brought suit against West Virginia asking the court to declare the counties a part of Virginia, which would have declared West Virginia's admission as a state unconstitutional.
Meanwhile, on March 10, , Congress passed a joint resolution recognizing the transfer. The Supreme Court decided in favor of West Virginia in McClellan 's forces gained possession of the greater part of the territory in the summer of , culminating at the Battle of Rich Mountain , and Union control was never again seriously threatened, despite an attempt by Robert E. Lee in the same year. In , General John D. Imboden , with 5, Confederates, raided a considerable portion of the state and burned Pierpont's library, although Senator Willey escaped their grasp.
Bands of guerrillas burned and plundered in some sections, and were not entirely suppressed until after the war ended. The Eastern Panhandle counties were more affected by the war, with military control of the area repeatedly changing hands. The area that became West Virginia actually furnished about an equal number of soldiers to the federal and Confederate armies,  approximately 22,—25, each.
In , the Wheeling government found it necessary to strip voting rights from returning Confederates in order to retain control. James Ferguson, who proposed the law, said that if it was not enacted he would lose election by votes. The Democratic party secured control in , and in , the constitutional amendment of was abrogated. The first steps toward this change had been taken, however, by the Republicans in On August 22, , an entirely new constitution was adopted.
Beginning in Reconstruction , and for several decades thereafter, the two states disputed the new state's share of the pre-war Virginia government's debts, which had mostly been incurred to finance public infrastructure improvements, such as canals, roads, and railroads under the Virginia Board of Public Works. Virginians—led by former Confederate General William Mahone —formed a political coalition based upon this: Although West Virginia's first constitution provided for the assumption of a part of the Virginia debt, negotiations opened by Virginia in were fruitless, and in , Virginia funded two-thirds of the debt and arbitrarily assigned the remainder to West Virginia.
After Reconstruction , the new 35th state benefited from the development of its mineral resources more than any other single economic activity. Saltpeter caves had been employed throughout Appalachia for munitions; the border between West Virginia and Virginia includes the "Saltpeter Trail", a string of limestone caverns containing rich deposits of calcium nitrate that were rendered and sold to the government. The trail stretched from Pendleton County to the western terminus of the route in the town of Union , Monroe County.
In the late 18th-century, saltpeter miners in Haynes Cave found large animal bones in the deposits. The bones were named Megalonyx jeffersonii , or great-claw, and became known as Jefferson's three-toed sloth. It was declared the official state fossil of West Virginia in The West Virginia official state rock is bituminous coal ,  and the official state gemstone is silicified Mississippian fossil Lithostrotionella coral.
The limestone also produced a useful quarry industry, usually small, and softer, high-calcium seams were burned to produce industrial lime. Salt mining had been underway since the 18th century, though it had largely played out by the time of the American Civil War, when the red salt of Kanawha County was a valued commodity of first Confederate, and later Union, forces.
In years following, more sophisticated mining methods would restore West Virginia's role as a major producer of salt. However, in the second half of the 19th century, there was an even greater treasure not yet developed: It would fuel much of the Industrial Revolution in the U. The residents both Native Americans and early European settlers had long known of the underlying coal, and that it could be used for heating and fuel.
However, for a long time, very small "personal" mines were the only practical development. After the War, with the new railroads came a practical method to transport large quantities of coal to expanding U.
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As the anthracite mines of northwestern New Jersey and Pennsylvania began to play out during this same time period, investors and industrialists focused new interest in West Virginia. Geologists such as Dr. Ansted surveyed potential coal fields and invested in land and early mining projects. After its new president Frederick J. In , in the southern part of the state, along the Norfolk and Western rail lines, the important coal center of Bluefield, West Virginia was founded.
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The "capital" of the Pocahontas coalfield , this city would remain the largest city in the southern portion of the state for several decades. It shares a sister city with the same name, Bluefield, in Virginia. By , only a large area of the most rugged terrain of southern West Virginia was any distance from the existing railroads and mining activity. MacCorkle described him as a man who knew the land "as a farmer knows a field. Although the Deepwater plan should have provided a competitive shipping market via either railroad, leaders of the two large railroads did not appreciate the scheme.
In secret collusion, each declined to negotiate favorable rates with Page, nor did they offer to purchase his railroad, as they had many other short-lines. One of the silent partner investors Page had enlisted was millionaire industrialist Henry Huttleston Rogers , a principal in John D.
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Rockefeller 's Standard Oil Trust and an old hand at developing natural resources and transportation. A master at competitive "warfare", Henry Rogers did not like to lose in his endeavors and also had "deep pockets". When the renamed Virginian Railway VGN was completed in , no fewer than three railroads were shipping ever-increasing volumes of coal to export from Hampton Roads. West Virginia coal was also under high demand at Great Lakes ports. As coal mining and related work became major employment activities in the state, there was considerable labor strife as working conditions, safety issues and economic concerns arose.
Even in the 21st century, mining safety and ecological concerns is still challenging to the state whose coal continues to power electrical generating plants in many other states. Coal is not the only valuable mineral found in West Virginia, as the state was the site of the discovery of the Located in the Appalachian Mountain range , West Virginia covers an area of 24, Its longest border is with Virginia at miles, followed by Ohio at miles, Maryland at miles, Pennsylvania at miles, and Kentucky at 79 miles.
West Virginia is located entirely within the Appalachian Region, and the state is almost entirely mountainous, giving reason to the nickname The Mountain State and the motto Montani Semper Liberi "Mountaineers are always free". The elevations and ruggedness drop near large rivers like the Ohio River or Shenandoah River. Though the relief is not high, the plateau region is extremely rugged in most areas.
On the eastern state line with Virginia , high peaks in the Monongahela National Forest region give rise to an island of colder climate and ecosystems similar to those of northern New England and eastern Canada. Most of West Virginia lies within the Appalachian mixed mesophytic forests ecoregion , while the higher elevations along the eastern border and in the panhandle lie within the Appalachian-Blue Ridge forests. The native vegetation for most of the state was originally mixed hardwood forest of oak, chestnut , maple , beech , and white pine , with willow and American sycamore along the state's waterways.
Many of the areas are rich in biodiversity and scenic beauty, a fact that is appreciated by native West Virginians, who refer to their home as Almost Heaven from the song, " Take Me Home, Country Roads " by John Denver. The underlying rock strata are sandstone , shale , bituminous coal beds, and limestone laid down in a near-shore environment from sediments derived from mountains to the east, in a shallow inland sea on the west.
Some beds illustrate a coastal swamp environment, some river delta, some shallow water.
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Sea level rose and fell many times during the Mississippian and Pennsylvanian eras, giving a variety of rock strata. However, the weather is subject in all parts of the state to change. The hardiness zones range from zone 5b in the central Appalachian mountains to zone 7a in the warmest parts of the lowest elevations. In the Eastern Panhandle and the Ohio River Valley, temperatures are warm enough to see and grow subtropical plants such as southern magnolia Magnolia grandiflora , crepe myrtle , Albizia julibrissin , American sweetgum and even the occasional needle palm and sabal minor.
These plants do not thrive as well in other parts of the state. The eastern prickly pear grows well in many portions of the state. It is cooler in the mountains than in the lower sections of the state. Valleys in the east have lower rainfall because the Allegheny mountain ridges to the west create a partial rain shadow.
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Slightly more than half the rainfall occurs from April to September. Dense fogs are common in many valleys of the Kanawha section, especially the Tygart Valley. West Virginia is also one of the cloudiest states in the nation, with the cities of Elkins and Beckley ranking 9th and 10th in the U. In addition to persistent cloudy skies caused by the damming of moisture by the Alleghenies, West Virginia also experiences some of the most frequent precipitation in the nation, with Snowshoe averaging nearly days a year with either rain or snow.
Snow usually lasts only a few days in the lower sections but may persist for weeks in the higher mountain areas. Severe weather is somewhat less prevalent in West Virginia than in most other eastern states, and it ranks among the least tornado-prone states east of the Rockies. In the same year, 1. As of , West Virginia has an estimated population of 1,,, which is an increase of 49, or 0. This includes a natural decrease since the last census of 3, people that is , births minus , deaths and an increase from net migration of 14, people into the state.
West Virginia is the least populous southeastern state. Immigration from outside the United States resulted in a net increase of 3, people, and migration within the country produced a net increase of 10, people. It also has the lowest percentage of residents that speak a language other than English in the home 2. The five largest ancestry groups in West Virginia are: Large numbers of people of German ancestry are present in the northeastern counties of the state. People of English ancestry are present throughout the entire state. Females made up approximately There were 20, births in Of these, 19, There were 22 births to American Indians 0.
Also, those in the Eastern Panhandle feel a connection with the Washington, D. Finally, the towns and farms along the mid- Ohio River , which forms most of the state's western border, have an appearance and culture somewhat resembling the Midwest. Births in table do not add up, because Hispanics are counted both by their ethnicity and by their race, giving a higher overall number. The largest denomination as of was the United Methodist Church with , members in 1, congregations. The Southern Baptist church had 44, members and congregations. The Churches of Christ had 22, members and congregations.
A survey conducted in by the Pew Research Center found that West Virginia was the 7th most "highly religious" state in the United States. The economy of West Virginia nominally would be the 62nd largest economy globally behind Iraq and ahead of Croatia according to World Bank projections,  and the 64th largest behind Iraq and ahead of Libya according to International Monetary Fund projections. The real GDP growth of the state in of. While per capita income fell 2.
Morgantown was ranked by Forbes as the 10 best small city in the nation to conduct business in The net corporate income tax rate is 6. Bureau of Economic Analysis reported that in West Virginia's economy grew twice as fast as the next fastest growing state East of the Mississippi River, ranking third alongside Wyoming and just behind North Dakota and Texas among the fastest growing states in the United States. Canaan Valley is popular for winter sports, Seneca Rocks is one of the premier rock climbing destinations in the eastern U. In addition to such outdoor recreation opportunities, the state offers a number of historic and cultural attractions.
Harpers Ferry National Historical Park is a historic town situated at the confluence of the Shenandoah and Potomac rivers. The Greenbrier hotel and resort , originally built in , has long been considered a premier hotel, frequented by numerous world leaders and U. For the Centennial of the State, it hosted two high school graduate delegates from each of the 50 States at the National Youth Science Camp near Bartow, and has continued this tradition ever since.
The main building of Weston State Hospital is the largest hand-cut sandstone building in the western hemisphere, second worldwide only to the Kremlin in Moscow. Tours of the building, which is a National Historic Landmark and part of the National Civil War Trail , are offered seasonally and by appointment year round.
West Virginia has numerous popular festivals throughout the year. One of the major resources in West Virginia's economy is coal. As of , the coal industry accounted for 2 percent of state employment. Nearly all of the electricity generated in West Virginia is from coal-fired power plants. West Virginia produces a surplus of electricity and leads the Nation in net interstate electricity exports. West Virginia personal income tax is based on federal adjusted gross income not taxable income , as modified by specific items in West Virginia law.
Citizens are taxed within five income brackets, which range from 3. The state's consumer sales tax is levied at 6 percent on most products except for non-prepared foods. West Virginia counties administer and collect property taxes , although property tax rates reflect levies for state government, county governments, county boards of education and municipalities. Counties may also impose a hotel occupancy tax on lodging places not located within the city limits of any municipality that levies such a tax.
Municipalities may levy license and gross receipts taxes on businesses located within the city limits and a hotel occupancy tax on lodging places in the city. Although the Department of Tax and Revenue plays a major role in the administration of this tax, less than one-half of 1 percent of the property tax collected goes to state government.
The primary beneficiaries of the property tax are county boards of education. Property taxes are paid to the sheriff of each of the state's 55 counties. Each county and municipality can impose its own rates of property taxation within the limits set by the West Virginia Constitution. The West Virginia legislature sets the rate of tax of county boards of education.
This rate is used by all county boards of education statewide. However, the total tax rate for county boards of education may differ from county to county because of excess levies. The Department of Tax and Revenue supervises and otherwise assists counties and municipalities in their work of assessment and tax rate determination. The total tax rate is a combination of the tax levies from four state taxing authorities: This total tax rate varies for each of the four classes of property, which consists of personal, real and intangible properties.
Property is assessed according to its use, location and value as of July 1. WV Assessments has a free searchable database of West Virginia real estate tax assessments, covering current and past years. All property is reappraised every three years; annual adjustments are made to assessments for property with a change of value. West Virginia does not impose an inheritance tax. Because of the phase-out of the federal estate tax credit, West Virginia's estate tax is not imposed on estates of persons who died on or after January 1, The largest private employers in West Virginia, as of March , were: On January 9, near Charleston, the state capital, a chemical spill occurred that contaminated the water supply of , people in nine West Virginia counties.
Personal income growth in West Virginia during was only 1. During —, about 21, babies per year were born in West Virginia, but over 3 years West Virginia had 3, more deaths than births. Overall, West Virginia citizens rated themselves as being more miserable than people in all other states — for 5 years running. Casey Foundation's National Index of Children's Progress ranked West Virginia 43rd in the nation for all kids, and last for white kids. Stephen Smith, the executive director of the West Virginia Healthy Kids and Families Coalition, said that poor employment prospects are to blame: United Health Foundation's "America's Health Rankings" for found that Americans are making considerable progress in key health measures.
West Virginia, however, ranked either last or second-to-last in 20 categories, including cancer, child immunization, diabetes, disabilities, drug deaths, teeth loss, low birth weight, missed work days due to health, prescription drug overdose, preventable hospitalizations, and senior clinical care. During —, about 21, babies per year were born in West Virginia, but there were 24, deaths. In twenty West Virginia coal counties mining more than 1 million tons of coal per year and having a total population of ,, there are about 10, deaths per year, with 1, of those statistically attributed to deaths from heart, respiratory and kidney disease from living in an Appalachian coal county.
In , McDowell County had the highest rate of drug-induced deaths of any county in the United States, with a rate of deaths per , people. West Virginia's capital and seat of government is the city of Charleston , located in the southwest area of the state. The West Virginia Legislature is bicameral. It is a citizen's legislature, meaning that legislative office is not a full-time occupation, but rather a part-time position. Consequently, the legislators often hold a full-time job in their community of residence. Typically, the legislature is in session for 60 days between January and early April.
The final day of the regular session ends in a bewildering fury of last-minute legislation to meet a constitutionally imposed midnight deadline. During the remainder of the year, monthly interim sessions are held in preparation for the regular session. Legislators also gather periodically for 'special' sessions when called by the governor. The title of Lieutenant Governor is assigned by statute to the Senate President. The governor, elected every four years on the same day as the U.
Presidential election, is sworn in during the following January. Governors of West Virginia can serve two consecutive terms but must sit out a term before serving a third term in office. West Virginia is one of nineteen states that do not have a death penalty , and it is the only state in the southeastern United States to have abolished it. For the purpose of courts of general jurisdiction, the state is divided into 31 judicial circuits. Each circuit is made up of one or more counties. Circuit judges are elected in non-partisan elections to serve eight-year terms.
West Virginia's highest court is the Supreme Court of Appeals. West Virginia is one of 11 states with a single appellate court. The state constitution allows for the creation of an intermediate court of appeals, but the Legislature has never created one. The Supreme Court is made up of five justices, elected in non-partisan elections to year terms. West Virginia is an alcoholic beverage control state. However, unlike most such states, it does not operate retail outlets, having exited that business in It retains a monopoly on wholesaling of distilled spirits only.
At the state level, West Virginia's politics were largely dominated by the Democratic Party from the Great Depression through the s. This was a legacy of West Virginia's very strong tradition of union membership. After the midterm elections, Democrats controlled the governorship, the majority of statewide offices, and one U. Senate seat, while Republicans held one U.
Senate seat, all three of the state's U. House seats, and a majority in both houses of the West Virginia Legislature. In the elections, the Republicans held on to their seats and made gains in the State Senate and gained three statewide offices. Since , West Virginians have supported the Republican candidate in every presidential election. The state is regarded as a "deep red" state at the federal level. In the presidential election, Republican Donald Trump won the state with In most states, it is not a defense to a charge of statutory rape that the defendant mistakenly believed the child to be of age.
In West Virginia, mistake of age is not a defense to a charge of first degree sexual assault or first degree sexual abuse.
However, it is an affirmative defense to a charge of second degree sexual assault or second degree sexual abuse that the defendant reasonably believed the child to be age 16 or older. If you are facing a statutory rape charge, consider consulting with an experienced criminal defense attorney who regularly practices in your area. A lawyer can often negotiate with the prosecutor for a lesser charge or a reduction in penalties such as, for example, probation instead of prison time and will know how prosecutors and judges typically handle cases like yours.
Sex Offender Registration State law requires that, in addition to the applicable fines and prison time, people convicted of certain sexual crimes including statutory rape must register as sex offenders. Defenses to a Statutory Rape Charge in West Virginia Unlike normal rape charges, consent is not usually a defense to statutory rape. When Both Parties Are Minors: Marriage West Virginia has a marital exemption for statutory rape that allows married people to have consensual sex even if their ages would prohibit it if they were not married.