Kentucky as an independent State in 1792, and lastly by the division of the territory of Virginia in 1862, by which the new State of West Virginia was created and admitted into the Union.

By the constitution of 1776 Virginia formally gave up all claim to the territory now appertaining to the neighboring States of Maryland, Pennsylvania, North and South Carolina.

The following is an extract from the Virginia constitution of 1776: The territories contained within the charters erecting the colonies of Maryland, Pennsylvania, North and South Carolina, are hereby ceded, released, and forever confirmed to the people of these colonies, respectively, with all the rights of property, jurisdiction, and government, and all the rights whatsoever, which might at any time heretofore have been claimed by Virginia, except the free navigation and use of the rivers Potomaque and Pokomoke, with the property of the Virginia shores and strands bordering on either of said rivers, and all improvements which have been or shall be made thereon. The western and northern extent of Virginia shall, in all other respects, stand as fixed by the charter of King James I, in the year one thousand six hundred and nine, and by the public treaty of peace between the courts of Britain and France in the year one thousand seven hundred and sixty-three, unless by act of the legislature one or more governments be established westwards of the Alleghany Mountains.

In the mean time a grant of territory had been made, within the present limits of Virginia and West Virginia, which caused great dissatisfaction to the people of the Virginia Colony, and which ultimately had an important bearing in settling the divisional line between Maryland and Virginia.

In the 21st year of Charles II a grant was made to Lord Hapton and others of what is called the northern neck of Virginia, which was sold by the other patentees to Lord Culpeper and confirmed to him by letterspatent in the fourth year of James II. This grant carried with it nothing but the right of soil and incidents of ownership, it being expressly subjected to the jurisdiction of the government of Virginia. The tract of land thereby granted was "bounded by and within the heads of the rivers Tappahannock, alias Rappahannock, and Quiriough, alias Patomac, rivers." On the death of Lord Culpeper, this proprietary tract descended to Lord Fairfax, who had married Lord Culpeper's only daughter.

As early as 1729 difficulties sprung up, arising from conflicting grants from Lord Fairfax and the Crown.

In 1730 Virginia petitioned the King, reciting that the head springs of the Rappahannock and Potomac Rivers were not known, and praying that such measures might be taken that they might be ascertained to the satisfaction of all parties.

In 1733 Lord Fairfax made a similar petition, asking that a commission might issue for running out, marking, and ascertaining the true boundaries of his grant.

An order, accordingly, was issued and three commissioners were appointed on the part of the Crown and three on the part of Lord Fairfax.

The duty which devolved upon these commissioners was to ascertain by actual examination and survey the respective fountains of the Rappahannock and Potomac Rivers. This survey was made in 1736.

The report of the commissioners was referred to the council for plantation affairs in 1738, who reported their decision in 1745, as follows, viz:

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The said boundary ought to begin at the first spring of the south branch of the river Rappahannock, and that the said boundary be from thence drawn in a straight line northwest to the place in the Alleghany Mountains where that part of the Potomac River, which is now called Cohongoroota, first rises. This report was confirmed by the King, and commissioners were appointed to run and mark the dividing line accordingly.

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The line was run in 1746. On the 17th day of October, 1746, they planted the Fairfax stone at the spot which had been described and marked by the preceding commissioners as the true head spring of the Potomac River, and which, notwithstanding much controversy, has continued to be regarded, from that period to the present time, as the southern point of the western boundary between Virginia and Maryland. (Vide Faulkner's Report to Governor of Virginia, 1832. For full details, vide Byrd Papers, 1866, Vol. II, p. 83 et seq. Also Hening's Va. Statutes.)

This tract of country was held by Lord Fairfax and his descendants many years, but subsequent to the Revolution the quitrents, charges, etc., were abolished and it became in all respects subject to the jurisdiction of Virginia.

(For the history of the settlement of the boundary lines between Virginia and Maryland, vide Maryland, p. 89.)

(For a history of the boundary between Virginia and Pennsylvania, vide Pennsylvania, p. 87.)

Kentucky formed originally a part of the county of Fincastle, Virginia. In the year 1776, this county was divided into three counties, the westernmost of which was called Kentucky County, and its eastern boundary was declared to be as follows, viz:

A line beginning on the Ohio, at the mouth of Great Sandy Creek, and running up the same and the main or northeasterly branch thereof to the Great Laurel Ridge or Cumberland Mountains; thence southwesterly along the said mountain to the line of North Carolina. (See Hening's Statutes, Virginia, Vol. 9, p. 257.)

Kentucky having been admitted into the Union June 1, 1792, commissioners were appointed in 1798 by Virginia and Kentucky to fix the boundary. In 1799-1800 the commissioners' report was made and ratified by the States. It was as follows, viz:

To begin at the point where the Carolina, now Tennessee, line crosses the top of the Cumberland Mountains, near Cumberland Gap, thence northeastwardly along the top or highest part of the said Cumberland Mountain, keeping between the head waters of Cumberland and Kentucky Rivers, on the west side thereof, and the head waters of Powell's and Guest's Rivers, and the Pond Fork of Sandy, on the east side therof, continuing along the said top, or highest part of said mountain, crossing the road