On the third day of April the vote on the question of the adoption of the constitution was taken; 18,862 votes were cast for adoption and 514 for rejection. A significant incident to the general election was the informal vote taken, at the suggestion of _The Wheeling Intelligencer_, on Mr. Battelle's emancipation proposition which had been rejected by the Convention. Despite the irregular and unauthorized manner in which this was done, by the several counties holding such extra election, the count showed that six thousand votes were cast for emancipation and six hundred against.[73] It is not improbable, therefore, that the constitution would have been adopted without difficulty had the emancipation clause been included. The politicians and not the people were on the wrong side of the issue. Pursuant to the call of the Governor, the general assembly met in its second extra session on the sixth of May.[74] On the thirteenth day of the same month it passed "An Act giving the assent of the Legislature of Virginia to the Formation of and Erection of a New State within the jurisdiction of this State."[75] Everything was now in readiness for the presentation of documents and credentials to Congress, by the proposed new State, in support of its application for admission into the Union. Prior to this Mr. Battelle, in pursuance of his earnest efforts to make the proposed new State free, had prepared a masterly address on the subject of the emancipation of the slaves, to be delivered in convention to his colleagues. The sense of the convention was such that the courageous gentleman was unable to engage its attention for that purpose. Accordingly, therefore, he had printed in pamphlet form the address that he intended to deliver, and distributed it throughout the counties of Northwestern Virginia. Among the salient points therein set forth the following are noteworthy: first, that since the institution of slavery as it existed within the bounds of Western Virginia was the mere creature of law, the law was competent to remove it; and that, therefore, it was fairly and properly a subject for the consideration of those in convention assembled; second, that the gradual emancipation of the slaves was both fundamental and vital to the success of the new State, and in consequence thereof the question should be settled in the organic law. Mr. Battelle discussed the question from two points of view, that of principle, and that of expediency. It was developed that the principle of slavery was wrong and that the system, therefore, should be abolished. "While discrimination must be made between the system and the acts of individuals, the former," he said, "is always bad, is always inconsistent with the obvious requirements of either justice or morals."[76]