Given that the state of Virginia voted to leave the Union, the half that didn't leave the union was the recognized state in the government of the United States. The government of the United States didn't recognize the state government of the half that left the union, justifiably so.<quoted text>"...the right of the people to keep and bear arms shall not be infringed."
Great, we'll keep em down at the local armory and when the British invade again we'll hand em out.
How do you feel about the Unconstitutionality of the state of West Virginia?
Article 4 Section 3
New States may be admitted by the Congress into this Union; but no new States 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.
So, that half that remained in the union was the legitimate representation of the state of Virginia that could petition the government in accordance with the Constitution be become a separate state.
Unless you consider the half of Virginia that left the union was still the legitimate representation within the federal republic.
If you consider the government of the half of Virginia that left the union as the legitimate representation in the federal republic, then the creation of the state of West Virginia was unconstitutional.
If you consider the half of Virginia that didn't leave the federal republic and the legitimate representation in the federal republic, then the requirements of the Constitution were satisfied.