The problem was to keep the army an Hungarian army without infringing on the prerogative of the king as commander-in-chief, for, unconstitutional as the new ordinance might be, it could not constitutionally be set aside without the royal assent.
Clouds from the retreating storm looked like a triumphant army, hauling away its ordinance for another engagement—with only white-gray stragglers tagging behind.
Almost immediately after the adoption of the ordinance a mass meeting at Clarksburg recommended that each county in north-western Virginia send delegates to a convention to meet in Wheeling on the 13th of May 1861.
The ordinance establishing the special tribunal for the trial was passed by a remnant of the House of Commons alone, from which all dissentients were excluded by the army.
In 1865 President Johnson appointed as provisional governor William Lewis Sharkey (1797-1873), who had been chief justice of the state in 1832-1850, and a convention which assembled on the 14th of August recognized the "destruction" of slavery and declared the ordinance of secession null and void.