Justice Miller first disposed of the demurrer. He concluded that the demurrer could not be granted "without reversing the settled course of decision in this court and overturning the principles on which several well-considered cases have been decided."Virginia v. West Virginia, 78 U.S. 39, 53. He noted that the court had asserted its jurisdiction in several cases before, including The State of Rhode Island and Providence Plantations v. The Commonwealth of Massachusetts, 37 U.S. 657 (1838); State of Missouri v. State of Iowa, 48 U.S. 660 (1849); Florida v. Georgia, 58 U.S. 478 (1854); and State of Alabama v. State of Georgia, 64 U.S. 505 (1860).Virginia v. West Virginia, 78 U.S. 39, 54-55.
