I guess we'll have to have differing opinions on what the situation is.... It would be an interesting court test if it could ever come to that. I haven't really searched but it would be interesting to see other stated opinions from law groups on what would be required.
I'll agree to that. There are even more angles too. The Constitution says that you need the consent of the state legislature and the consent of Congress. It doesn't mention the President. So could it pass without a Presidential signature? Could the President veto it? It doesn't need Supreme Court permission either since it says only "Consent of Congress." So is the Supreme Court excluded from review? If the West Virginia procedure is the standard, (a separation to which Richmond obviously never consented), can Congress for instance get the consent of a group of friendly folks, say in Bakersfield, to "consent" to a break-up of California and recognize a new West California in addition to the other California in Sacramento?