Virginia effectively did not exist (as a state) at the time.<quoted text>No, dipsh!t it formed a state from counties from an already exisiting state, which is quite clearly outlined as a no-no in the U.S. Constitution -
Article. IV. Section. 3.
New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.
But Homer should take this case to the Supreme Court.