It still seems there is a question about who was the legitimate representation of the state of Virginia in the federal republic.<quoted text>Yes, the state of Virginia's legislature would have needed to approve this as they were still considered to be a part of the United States regardless as to them seceding. If West Virginia had in fact remained the state of Virginia and the part that left deemed otherwise then you would have a case, this is not what happened. Fact is West Virginia was created from parts of another state without that state's approval rendering them Unconstitutional.
The state of West Virginia should never have been allowed under the Consitution unless Virginia was deemed to be no longer a part of the United States, which it never was.
Was the rebel legislature in Richmond the legitimate representation in the federal republic? Or, was the loyal legislature of what is now West Virginia that didn't rebel against the federal republic the legitimate representation of the state of Virginia in the federal republic?
Since the federal republic never acknowledged the secession of Virginia, it can only be assumed that the loyal legislature that didn't participate in the rebellion was the legitimate representation of the state of Virginia in the federal republic.
If the legislature that didn't rebel against the federal republic was the legitimate representation in the federal republic, then all the requirements of the Constitution were satisfied.
You're only argument against this has to be that the rebel legislature that rebelled against the federal republic and participated as a functioning element in a separate country in rebellion against the federal republic was still the legitimate representative legislature in that federal republic they declared to no longer be part of, and that federal republic never acknowledged their legitimate existence.
The only legislature the federal republic acknowledged as the legitimate representative of the state of Virginia was the legislature that remained loyal and did not establish itself as part of a different country.
It was that legitimate legislature that petitioned the federal republic to establish the state of West Virginia, in accordance with the Constitution.