That this prophetic message from the _Intelligencer_ reflected the opinion of the people of Western Virginia and the state of mind of the Congress, was clearly shown by subsequent events. On the nineteenth day of the Convention an adroit attempt was made to have West Virginia become a slave State.[68] Thomas Harrison, of Harrison county, offered a resolution providing that the making of a new constitution be dispensed with for the present, and that the Virginia Constitution be referred to a Committee of Five with instructions to modify it to suit the needs of the proposed new State. Significant among the provisions of the Virginia Constitution was one altered at the Richmond Secession Convention to the effect that the General Assembly should have power to prohibit the future emancipation of slaves. By its provisions, therefore, the slave could never become free during his residence in the State. On motion of Mr. Van Winkle, the Convention voted that action on the resolution be indefinitely postponed.[69] Battelle, persistent in his efforts to make some provision in reference to the freedom of the slaves, decided to submit emancipation to the people. Accordingly, therefore, on the twelfth of February, 1862, he offered the following:[70] (1) "Resolved. That at the same time when this Constitution is submitted to the qualified voters of the proposed new state to be voted for or against, an additional section to article----, in the words following: 'No slave shall be brought or free person of color come into this state for permanent residence after this constitution goes into operation, and all children, born of slave mothers after the year 1870 shall be free, the males at the age of twenty-eight years, and the females at the age of eighteen years; and the children of such females shall be free at birth'. Shall be separately submitted to the qualified voters of the proposed new state for their adoption or rejection, and if the majority of the votes cast for and against said additional section are in favor of its adoption, it shall be made a part of article--of this constitution and not otherwise." (2) "Resolved that the committee on schedule be and they are hereby instructed to report the necessary provisions for carrying the foregoing resolution into effect." Mr. Sinsel moved that the resolutions be made the order of the next morning at ten o'clock; Mr. Hall, of Marion county, moved to amend the motion to the effect that it be laid on the table. Mr. Battelle deplored the application of the gag rule. The question not being a debatable one, the vote was taken. By a majority of one vote of the forty-seven cast, the resolutions were indefinitely laid on the table.[71]