In 1863, at the start of the Civil War, fifty counties seceded from Virginia and established the state of West Virginia. State records regarding those counties before the separation, including tax lists, land grants, legislative petitions, and militia records, can be found in the archival collections at the Library of Virginia.
All county records, such as deeds, wills, court papers, and marriage bonds, were retained by the West Virginia counties. Microfilm copies of select county records are available to view at the Library of Virginia. For original records, researchers should contact the West Virginia State Archives.
The Library of Virginia holds original birth, marriage, and death registers for counties that are now part of West Virginia, dating from 1853 to 1862. Complete records do not exist for every county.
Because many of the original records suffered water damage, the microfilm copy may be difficult to read. Interlibrary loan copies of this microfilm are available from the Library of Virginia.
Virginia birth, marriage, and death records for the counties that would become West Virginia are also available online:
Original local records were retained in the West Virginia counties. The Library of Virginia, however, has microfilm copies of some West Virginia county records, such as deeds, wills, court papers, marriage bonds, records about free and enslaved African Americans, and fiduciary records. Availability varies by locality.
Patents and grants for land located in counties that became part of West Virginia prior to 1863 are available online in the Virginia Land Patents and Grants collection. Many of the earliest land grants in this region were part of the Northern Neck Proprietary, including land in the counties of Berkeley, Hampshire, Hardy, Jefferson, and Morgan.
To encourage settlements on Virginia's western frontier, the colonial Virginia Council issued several large land grants to groups of investors who were required to survey and settle the lands within a given time. Granted lands were largely in areas that would become part of Kentucky and West Virginia. Because of settlement restrictions and overlapping claims, much of the land was never settled by the land investment companies.
In 1779, the Virginia revolutionary government passed legislation meant to encourage the settlement of western lands and provide a framework for adjudicating conflicting land claims. Settlers could claim a settlement right for up to 400 acres of land where they had resided prior to January 1, 1778, and they could purchase a preemption right for up to 1000 acres where they had previously staked a claim. Commissioners, appointed by the governor, deployed in 1781 to four western districts where they held hearings to evaluate settler claims. Lands in future West Virginia counties of Monongalia, Ohio, and Greenbrier were distributed through this process. Not all individuals who received land rights acquired title to the lands. Some failed to pay the state for the land rights, and many sold their rights to land speculators or other individuals.
Petitions to the General Assembly were a primary catalyst for legislation in Virginia from 1776 until 1865. People submitted petitions for such reasons as public improvements, military claims, divorce, manumission of enslaved people, division of counties, incorporation of towns, religious freedom, and taxation. Often the petitions included the signatures of numerous residents. Many petitions submitted by residents of counties that became part of West Virginia can be found in this collection.
The Militia Commission papers are part of the records of the Governor's Office. They contain militia officer nominations submitted by county officials as well as some related correspondence, orders, commissions, returns, and resignations. Militia commission records for the West Virginia counties can be found in this collection.
The county militia system, in operation from the Revolutionary War to the end of the Civil War, required most able-bodied men to attend training musters. Militia officers accessed fines on men who did not attend muster or who committed other offences.
Many men from West Virginia served in the Confederate forces. Records of their service may be found in the collections of Confederate records held by the National Archives. Pensions, issued by the Virginia government for service, were only available to people residing in the state. Former soldiers living in West Virginia could not receive assistance. For additional information, see the guide to Civil War Service records:
On October 16, 1859, John Brown led a small band on a raid of the U.S. Arsenal at Harpers Ferry in Jefferson County, Virginia, with the purpose of inciting a rebellion of enslaved people. After their defeat and capture, John Brown and six surviving insurrectionists were put on trial in Charlestown. They were convicted on November 2 and hanged on December 2, 1859. To guard against threats of a further uprising, Governor Wise called up numerous militia units to guard the prisoners and protect Charlestown. Several units were from the West Virginia area, although the majority were from other parts of Virginia. The records are available to view in the Archives Research Room. See the finding aids for additional information:
In 1780, the Virginia General Assembly established elected bodies in each county or independent city called overseers of the poor that were responsible for assisting those in financial need. The overseers levied taxes and distributed public money, taking a role previously held by Anglican churchwardens. For persons unable to support themselves, the overseers provided food, clothing, shelter, and medical treatment. They also maintained poorhouses and workhouses and secured apprenticeships.
Local overseers submitted annual reports of income and expenses to the Virginia Auditor of Public Accounts. Beginning in the late 1840s, the reports often included information on those receiving assistance, listing name, age, physical condition, length of time on assistance, reason for assistance, “morals,” and whether the recipient was free or enslaved. The records of Overseer of the Poor Annual Reports (APA 739) include a separate series of West Virginia reports, 1800–1862. These records are available to view in the Archives Research Room.
In 1816, the Virginia General Assembly created a fund for internal improvements administered by the Board of Public Works. The state invested in private transportation projects focused on the navigation of the rivers and the construction of turnpikes and railroad lines. Numerous projects were located in the part of the state that would become West Virginia. This included some of the largest turnpikes:
The Board of Public Works records contain project information, such as accounts, contracts, correspondence, field notes, lists of stockholders, and reports. Locations of mills, churches, taverns, and prominent houses are sometimes shown on the maps and surveys. The records are available to view in the Archives Research Room. Digital images of the maps, surveys, plans and drawings are available online.
In 1781, the Virginia Legislature instituted a tax on land, and a separate tax on personal property that included a poll tax. The annual personal property tax lists included the names of free adult males, an enumeration of enslaved individuals above the age of 12, and an inventory of certain property, such as livestock and carriages. Land was taxed based on acreage and land quality.
Original land tax records for West Virginia counties were transferred to the West Virginia auditor’s office by direction of an act passed by the Virginia General Assembly in February 1892. The Library of Virginia has microfilm copies of West Virginia land tax lists dating from 1782 to 1900. This microfilm may be viewed at the Library of Virginia, but it is NOT available through interlibrary loan.
For details about the information found in these records, see the Land Tax Records research guide:
Tax records for the West Virginia counties are available on microfilm. Researchers can view this microfilm at the Library of Virginia, and the reels may be borrowed through interlibrary loan.
For details about the information found in these records, see the Personal Property Tax Records research guide: