Continuing the debate, Mr. Ten Eyck affirmed the legality and the expediency of admitting the new State. His arguments were substantially as follows: (1) that the legal question, that is, the right of the legislature to give assent to the division of the State, was settled when the Senate accepted as members the two men appointed by the said legislature; (2) as a matter of policy he urged that the people of Western Virginia should not be forced to run the risk of having the whole State, because of the collapse of the rebellion, repeal the act of the legislature and thereby continue a domination of tyranny over them. The vote was taken and the motion to postpone was rejected.[107] The final objection prior to the passage of the bill, came from Mr. Powell, of Kentucky. Asserting, in substance, that since ten of the forty-eight counties to be included in West Virginia were unrepresented in the Convention and in the Legislature, and since less than one-fourth of the people gave their consent to the formation of a new State, he held that there was no constitutional right to act. He was, therefore, unalterably opposed to the admission of the new State. Unswerved from his position, by the assurances of Mr. Willey, that (1) the absence of ten thousand men under arms, and (2) the foregone conclusion that separation would be effected jointly accounted for the small number of nearly nineteen thousand votes, Mr. Powell called for the yeas and nays. The motion was put and the bill to admit was passed.[108] Even the passage of the bill did not cause Mr. Carlile's opposition to cease. Determined in his efforts to make a final plea for the slave-holding interests, he introduced Senate Bill No. 531[109] supplemental to the act for the admission of West Virginia into the Union and for other purposes. This bill sought, of course, to make effective his plan that the whole work of the Constitutional Convention be reenacted. The bill was reported with amendments and adversely from the Judiciary Committee, whereupon Mr. Carlile sought to have it considered in the Senate. This effort, like his previous ones, was wholly unsuccessful.[110] While this battle was in progress in the Senate the House also was considering the question. The debate in the Senate on the admission of the proposed new State of West Virginia into the Union hinged largely upon the consideration of the question of slavery. Was the new State to be admitted as a slave State, providing for gradual emancipation? Was it to be admitted on a program of immediate emancipation, or was it to come in with no conditions relating to the disposition of this all-absorbing matter? These were the questions to be determined. They were not altogether the chief considerations in the House.