West Virginia Code

W. Va. Code § 1-2-3 (2026)

Congressional districts

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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ARTICLE 2. APPORTIONMENT OF REPRESENTATION.

§1-2-3. Congressional districts.

The number of members to which the state is entitled in the House of Representatives of the Congress of the United States are apportioned among the counties of the state, arranged into three congressional districts, numbered as follows:

First District: Barbour, Brooke, Doddridge, Gilmer, Grant, Hancock, Harrison, Marion, Marshall, Mineral, Monongalia, Ohio, Pleasants, Preston, Ritchie, Taylor, Tucker, Tyler, Wetzel and Wood.

Second District: Berkeley, Braxton, Calhoun, Clay, Hampshire, Hardy, Jackson, Jefferson, Kanawha, Lewis, Morgan, Pendleton, Putnam, Randolph, Roane, Upshur and Wirt.

Third District: Boone, Cabell, Fayette, Greenbrier, Lincoln, Logan, Mason, McDowell, Mercer, Mingo, Monroe, Nicholas, Pocahontas, Raleigh, Summers, Wayne, Webster and Wyoming.

Notes of Decisions
Cited in 4 cases, 1982–2012 · leading case: Stone v. Hechler, 782 F. Supp. 1116 (N.D. W. Va. 1992).
Stone v. Hechler, 782 F. Supp. 1116 (N.D. W. Va. 1992). · cites it 26× “Code § 1-2-3), is unconstitutional. They contend that the statute neither provides for districts of equal population nor adequately justifies the population deviation among the districts included in the plan.”
Manchin v. Browning, 296 S.E.2d 909 (W. Va. 1982). · cites it 3× “The plaintiff sought to have W.Va. Code § 1-2-3 [1971], [2] providing for apportionment of congressional districts, declared *913 unconstitutional and to have the petitioner enjoined from compelling candidates for Congress to run "at large.”
Tennant v. Jefferson Cnty. Comm'n, 567 U.S. 758 (2012). “1008, codified at W. Va. Code Ann. § 1-2-3 (Lexis 2012 Supp.”
Jefferson Cnty. Comm'n v. Tennant, 876 F. Supp. 2d 682 (S.D. W. Va. 2012). · cites it 14× “Each district shall contain, as nearly as may be, an equal number of population, to be determined according to the rule prescribed in the constitution of the United States.”
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