The U.S. Supreme Court case Commonwealth of Virginia v. State of West Virginia in 1917 was a dispute over the boundary line between the two states, specifically regarding Berkeley and Jefferson counties which had been part of Virginia prior to West Virginia's statehood during the Civil War. The issue arose from differing interpretations of an 1863 Act by Congress admitting West Virginia into the Union, with its boundaries including these disputed areas. However, this inclusion was contingent on a vote by residents within those counties - something that never occurred due to wartime conditions. Despite this fact, both counties were administered as part of West Virginia post-war and for several decades thereafter until challenged by Virginia in court. Virginia argued that since no vote took place, these territories should revert back to it while West Virgina maintained they rightfully belonged within their jurisdiction based on historical administration and recognition thereof at federal level. The Supreme Court ruled in favor of West Virgina stating that even though there may have been irregularities around how these territories became part of their state initially; long-standing acceptance (acquiescence) at all levels effectively solidified them as being under its jurisdiction.

The dissenting opinion in the case of Commonwealth of Virginia v. State of West Virginia et al., 1917, argued that the majority's decision to award damages to West Virginia was incorrect. The dissenters believed that there were significant issues with how these damages had been calculated and felt that they did not accurately reflect the financial losses suffered by West Virginia as a result of its separation from Virginia during the Civil War. They also expressed concern about setting a precedent for states being able to sue each other over historical grievances, arguing this could lead to an increase in litigation between states and potentially destabilize relations within the Union. Furthermore, they disagreed with the majority's interpretation of certain key legal principles related to state sovereignty and interstate disputes.