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Attitude of the border states

Maryland, Delaware, Missouri, and Kentucky were slave states whose people had divided loyalties to Northern and Southern businesses and family members. Some men enlisted in the Union Army and others in the Confederate Army. West Virginia separated from Virginia and was admitted to the Union on June 20, 1863.

Maryland's territory surrounded Washington, D.C., and could cut it off from the North. It had anti-Lincoln officials who tolerated anti-army rioting in Baltimore and the burning of bridges, both aimed at hindering the passage of troops to the South. Maryland's legislature voted overwhelmingly to stay in the Union, but rejected hostilities with its southern neighbors, voting to close Maryland's rail lines to prevent their use for war. Lincoln responded by establishing martial law and unilaterally suspending habeas corpus in Maryland, along with sending in militia units. Lincoln took control of Maryland and the District of Columbia by seizing prominent figures, including arresting one-third of the members of the Maryland General Assembly on the day it reconvened. All were held without trial, with Lincoln ignoring a ruling on June 1, 1861, by Supreme Court Chief Justice Roger Taney, not speaking for the Court, that only Congress could suspend habeas corpus (Ex parte Merryman). Federal troops imprisoned a Baltimore newspaper editor, Frank Key Howard, after he criticized Lincoln in an editorial for ignoring Taney's ruling.

In Missouri, an elected convention on secession voted to remain in the Union. When pro-Confederate Governor Claiborne F. Jackson called out the state militia, it was attacked by federal forces under General Nathaniel Lyon, who chased the governor and rest of the State Guard to the southwestern corner of Missouri (see Missouri secession). Early in the war the Confederacy controlled southern Missouri through the Confederate government of Missouri but was driven out after 1862. In the resulting vacuum, the convention on secession reconvened and took power as the Unionist provisional government of Missouri.

Kentucky did not secede, it declared itself neutral. When Confederate forces entered in September 1861, neutrality ended and the state reaffirmed its Union status while maintaining slavery. During an invasion by Confederate forces in 1861, Confederate sympathizers and delegates from 68 Kentucky counties organized the secession Russellville Convention, formed the shadow Confederate Government of Kentucky, inaugurated a governor, and Kentucky was admitted into the Confederacy on December 10, 1861. Its jurisdiction extended only as far as Confederate battle lines in the Commonwealth, which at its greatest extent was over half the state, and it went into exile after October 1862.

After Virginia's secession, a Unionist government in Wheeling asked 48 counties to vote on an ordinance to create a new state in October 1861. A voter turnout of 34% approved the statehood bill (96% approving). Twenty-four secessionist counties were included in the new state, and the ensuing guerrilla war engaged about 40,000 federal troops for much of the war. Congress admitted West Virginia to the Union on June 20, 1863. West Virginians provided about 20,000 soldiers to each side in the war. A Unionist secession attempt occurred in East Tennessee, but was suppressed by the Confederacy, which arrested over 3,000 men suspected of loyalty to the Union; they were held without trial.