Virginia and Emancipation
When thinking about the history of slavery and emancipation in Virginia it is far from brief. From plantation slavery to the civil war to the reconstruction era, Virginia’s role was significant in each major phase. While all enslaved people were finally freed in the state in 1865 with the end of the civil war and the passing of the 13th amendment, it was a long road to get there.
The Civil War
The long journey towards freedom in Virginia and the nation as a whole began in 1861 when Lincoln became President. With the election of the Republican candidate, the southern states realized that even with all their combined votes they still did not have enough power to elect a president that had their interests in mind and feared that slavery, an institution they relied on for economic prosperity, was going to be taken away from them. Realizing this lack of power left them vulnerable, South Carolina seceded from the Union followed soon after by Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas. In April of 1861 after the Battle of Fort Sumter, full blown Civil War broke out between the Union and the Confederate states. It was after this first battle of the war that the majority of the border states decided to leave the Union and join the Confederacy, Virginia among them (McPherson). Virginia’s stance during the Civil War was unique because not only was it a border state but also it was also split in belief with half of the state loyal to the Confederate cause and the other half loyal to the Union. In 1863 the Unionist counties in the west of Virginia broke off from the state and rejoined the Union as the new state of West Virginia (Tarter). In the same year Lincoln wrote and passed the Emancipation Proclamation. While this document is historically known for freeing enslaved people in America, the reality is that it did not actually free many people at all. As seen in the Emancipation Proclamation Lincoln writes, “…all persons held as slaves within any State or designated part of a State, the people whereof shall then be in rebellion against the United States, shall be then, thenceforward, and forever free…” (Lincoln). What Lincoln meant by this is that the Emancipation Proclamation only freed enslaved people in Confederate states and did not apply to slaves held in states still a part of the Union. Thus, slavery was allowed to continue in West Virginia and while the emancipation did free slaves in Confederate Virginia, this freedom could only be enforced in regions that the Union army controlled.
Resistance and Rebellion Against Slavery
Although the Emancipation Proclamation is what technically freed enslaved people in Confederate Virginia, slaves did not wait for 1863 or an executive order to start fighting for their freedom. Slaves, in Virginia particularly, had many ways in which they resisted slavery and tried to “self-emancipate” including organized rebellion, escaping to Union territory, and everyday acts of opposition (“1825 to 1861”). In 1831, one of the biggest slave revolts known as Nat Turner’s Rebellion took place in Southampton County, Virginia. An enslaved man by the name of Nathainel Turner led a group of over 50 slaves in the brutal murder of their owner, his family and 58 other white men, women, and children. While the rebellion was successful in seeking revenge on their enslavers it unfortunately ended with the execution of Nat Turner and 19 other rebels (“Nat Turner’s Rebellion”). The threat of violence from enslaved individuals, amplified by the Haitian Revolution and Nat Turner’s Rebellion, scared plantation owners and spurred the implementation of stricter slavery laws and harsher punishments for resistance as they sought to maintain control and suppress dissent. Anti-abolitionist sentiment also rose in Virginia as a result of slave rebellions with plantation owners fearing that freeing slaves would now not only mean economic collapse, but also violence and terror. However, despite efforts to stop it resistance to slavery continued and in forms other than just organized rebellion. It was common for people enslaved on plantations to slow their work pace, break tools and steal food as acts of defiance. Additionally, slaves’ self-emancipated by running away to seek freedom elsewhere. While, we see this before the Civil War with the creation of the Underground Railroad sometime around 1831, the implementation of the Emancipation Proclamation in 1863 significantly increased the number of freedom seekers running away from their plantation’s. Being that Virginia was a border state and belonged to the Confederacy, hundreds of slaves in the region earned their freedom by escaping into Union territory including places like Fort Monroe and the Arlington House (Tarter). Even after escaping to Union territory where they were freed, black men and even women aided the Union in wartime efforts. As noted by Berlin in Who Freed the Slaves, “Hundreds of thousands of black men and women would work for the Union army, and more than 135,000 slave men became Union soldiers” (Berlin 111). Even though they had gained their freedom, the black population knew that Union victory was necessary for them to keep it.
The End of the War
After four years of fighting the Confederate army surrendered to the Union army in Virginia in 1864. The end of the civil war resulted in the emancipation of all enslaved people in Virginia and the entire nation. While the Emancipation Proclamation had already been issued, the 13th amendment was added to the Constitution on January 31st of 1865 which officially abolished slavery across the nation stating, “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction” (“13th Amendment”). The state of Virginia ratified the 13th amendment on February 6th of 1865 (Tarter).
Emancipation Education in a Nutshell
Think about what you know when it comes to Emancipation in the United States, and also the American Civil War in general. Most kids in the United States learn about the Civil War in grades 5-8 (Sanchez). Because of your education, you probably think of the Emancipation Proclamation, and how with a flourish of his pen Lincoln managed to free all of the enslaved people in the Union. You probably think about the fundamentals of the American Civil War, and how the Union was broken over the South and their slave-based agricultural economy. You’ve probably been asked what caused the American Civil War, unable to give a single direct answer. You probably think of Emancipation as a single act. Despite what we all learned as children in America about our own history and the history of the Civil War and Emancipation, these topics are more complex than meets the eye. The Civil War was not fought over state’s rights, it was fought over the institution of slavery. Emancipation was not a single act. It was a years-long process, and several different kinds of people were involved with this extensive and important process, with many relative successes and failures. The United States needs to cultivate a more extensive Civil War education that focuses on unpacking Emancipation and the socio-political realities of the war. This blog post will provide a case study on emancipation, specifically in the formerly confederate state of Virginia.
Successes & Failures
The lasting effects of the American Civil War are quite extensive. During Reconstruction –the period following the Civil War and Emancipation– several extreme racists groups began to rise in power, such as the Klu Klux Klan. But in order to understand why such extremists gained political power during this period, it is important to comprehend the successes and failures of Emancipation.
One of the most common misconceptions of Emancipation is that Lincoln, in 1863, freed all of the enslaved people in the United States, but this is untrue. To quote Ira Berlin, “Lincoln’s proclamation of January 1, 1863, as its critics have noted, freed not a single slave who was not already entitled to freedom under legislation passed by Congress the previous year” (Berlin, 108). Emancipation only applied to those enslaved in confederate territories, which were beyond the reach of Federal authority at that time. Emancipation was also not achieved by a singular group or person. Several groups aided Lincoln and the enslaved peoples in achieving Emancipation, such as white union soldiers, their families, abolitionists and non-abolitionists in the North, congressmen, and even slaveholders in the South (Berlin, 120). Emancipation was also not written into law –that is, into the United States Constitution– until 1865 with the 13th amendment. Therefore it was written into law in 1865 that, “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction” (National Archives). The other amendments pertaining to the rights of freedmen extend to the 14th and 15th amendments, both passed in 1868 respectively. The 14th amendment states, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” (National Archives). This was the beginning of birthright citizenship. The 15th amendment is defined as, “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.” (National Archives). While the abolishment of slavery in the United States was without a doubt a success of Emancipation, there would come several key factors that could be defined as failures in the following years.
The House Joint Resolution Proposing the 13th Amendment to the Constitution, January 31, 1865; Enrolled Acts and Resolutions of Congress, 1789-1999; General Records of the United States Government; Record Group 11; National Archives.
Understanding the failures of Emancipation begins with an introduction of Jim Crow laws and how they came to fruition, and then subsequently evolved into what Americans recognize as the struggle for Civil Rights. In the years following Reconstruction, People of Color experienced radical changes in their liberties and rights. This was caused by a rise in white supremacy among many southern white people who were not satisfied with the outcome of the Civil War. In Virginia specifically –where the capital of the Confederacy resided– many white citizens did not identify with the Union, but rather held onto their confederate ties. These trends, which are still visible today, began as early as the 1890s. Brent Tarter states, “Early in 1890 the Confederate Memorial Literary Society opened a museum in the house in downtown Richmond that had served as the residence of Jefferson Davis during the Civil War. In May of that year the state erected a large, dignified equestrian statue of Robert E. Lee that people hauled ceremoniously through the streets of Richmond and placed at the edge of a cornfield…Nobody in Virginia ever erected a comparable monument to the abolition of slavery” (Tarter, 316). Despite enslaved people fighting in the Civil War, Virginia decided to raise a statue to honor the man who enslaved them. Jim Crow saw an era of disenfranchisement for Black people. People of Color were paid lower wages than their white counterparts for the same labor, if not in more dangerous working conditions than the latter (Tarter, 318). Most –if not all– Americans know about segregation. However, most probably do not consider it a failure of Emancipation. Jim Crow laws are an example of just how disenfranchised freed Black people became post-Civil War and post Emancipation.
“Equal But Separate?”
Different examples of Jim Crow laws can best be summed up by Plessy v. Fergueson, a Supreme Court case that you probably learned in your high school American history class. Plessy v. Fergueson illustrates how the years following Emancipation proved that freedom was not the ideal previously conceived. To summarize, the court upheld a law that required separate train cars for Black people and white people, claiming that it did not violate the 14th amendment. (Oyez). For Black people to have to endure this racial discrimination, basic human rights violations, and societal abuse for years following Emancipation demonstrates the institutional racism that did not dissolve with the case for abolition. Racism was entrenched into US law, specifically meant to harm Black communities and individuals. Emancipation abolished slavery, but the freed individuals did not see true freedom for nearly a hundred years.
Works Cited
Berlin, Ira. “Who Freed the Slaves? Emancipation and Its Meaning.” Chapter 5, 1997, https://moodle.elon.edu/pluginfile.php/3353505/mod_resource/content/1/Berlin%2C%20Who%20Freed%20the%20Slaves.pdf
Lincoln, Abraham. “Emancipation Proclamation.” National Archives, 1 Jan 1863, www.archives.gov/exhibits/featured-documents/emancipation-proclamation/transcript.html.
McPherson, James. “A Brief Overview of the American Civil War.” American Battlefield Trust, www.battlefields.org/learn/articles/brief-overview-american-civil-war.
“Nat Turner’s Rebellion.” National Museum of African American History and Culture, nmaahc.si.edu/explore/stories/nat-turners-rebellion.
National Archives. “14th Amendment to the U.S. Constitution: Civil Rights (1868).” National Archives, 7 Sept. 2021, www.archives.gov/milestone-documents/14th-amendment.
Oyez. “Plessy v. Ferguson.” Oyez, 2019, www.oyez.org/cases/1850-1900/163us537.
Sanchez, Adam. “Teaching the Complex History of Abolition and the Civil War.” American Federation of Teachers, 26 Sept. 2019, www.aft.org/ae/fall2019/sanchez.
Tarter, Brent. “The Abolition of Slavery in Virginia – Encyclopedia Virginia.” Encyclopedia Virginia, 9 Feb. 2023, encyclopediavirginia.org/entries/the-abolition-of-slavery-in-virginia/#:~:text=Its%20Constitution%20of%201863%20included,in%201864%2C%20that%20abolished%20slavery.
Tarter, Brent. “Jim Crow Virginia.” Virginians and Their Histories, University of Virginia Press, 2020, pp. 315–32. JSTOR, https://doi.org/10.2307/j.ctvxkn6m7.19. Accessed 16 Jan. 2025.
“13th Amendment to the U.S. Constitution: Abolition of Slavery.” National Archives, 1865, www.archives.gov/milestone-documents/13th-amendment.
—. “15th Amendment to the U.S. Constitution: Voting Rights (1870).” National Archives, 7 Sept. 2021, www.archives.gov/milestone-documents/15th-amendment.
“1825 to 1861: Slavery.” Virginia Museum of History & Culture, https://virginiahistory.org/learn/story-of-virginia/chapter/slavery#:~:text=Some%20enslaved%20Virginians%20instigated%20organized,%2C%20slowing%20the%20work%2Dpace.