West Virginia Code § 1-3-3

Submission of question of creation of new county to voters; copies of
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surveys, census and declaration of result of election.
If it appear, by such surveys and census, that there are within the limits of the proposed new
county at least four hundred square miles of territory and at least six thousand population,
and that no county is thereby reduced below four hundred square miles of territory or below
six thousand population, and that no part of any county having a populatione of not more than
six thousand, or a territory of not more than four hundred square miles, is included within
such proposed new county, the county court of each of the counties frorm which such new
county is proposed to be taken shall order a vote of the qualified voters of such county within
the lines of such proposed new county to be taken on a day named for the purpose, which
shall be on the same day in each county and on the fourth Tuesday after the day of the
return of such reports and census to the county court of the tcounty where such reports and
census are returned last, at each place of voting within the lines of such proposed new
county, or, if there be no place of voting therein, at such place or places therein as the court
may direct, of which time and place a notice shall be posted by the sheriff of each of such
counties at each place of voting therein as provided by such order, at least fifteen days
before such election. The court shall, at the same time, appoint commissioners of election for
each of such places of voting, and all the laws relating to a general election shall, as far as
applicable, govern and control the holding of such election at the several places of voting,
the ascertaining of the result thereof at each of such places and the returns thereof, and the
declaring of the general result of such election at all the places of voting in each of such
counties. The ballots used at seuch election shall have printed on them the words "For new
county," and "Against new county." And it shall be the duty of the clerk of the county court
of each of such countiesL to deliver to any person who may demand the same, and pay or
tender his legal fees therefor, copies of such surveys, census and declaration of the result of
such election in his c ounty, duly certified by him to be true copies. The fees for such copies
shall be the saVme as are allowed by law for other copying done by such clerk.

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