West Virginia Code § 2-2-8

Effect of repeal or expiration of law
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The repeal of a law, or its expiration by virtue of any provision contained therein, shall not
affect any offense committed, or penalty or punishment incurred, before the repeal took
effect, or the law expired, save only that the proceedings thereafter had shall conform as far
as practicable to the laws in force at the time such proceedings take place, unless otherwise
specially provided; and that if any penalty or punishment be mitigated by thee new law, such
new law may, with the consent of the party affected thereby, be applied to any judgment
pronounced after it has taken effect. r

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