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Originally Posted by YoAdrian
As far as I know, it was just a U.S. territory -- probably still part of the Northwest Territory that MI and its neighboring states were carved out of.
Someone else asked about the legality of the UP becoming its own state. I'm not a lawyer, but the Confederate states used the 10th Amendment to justify secession from the United States back during the Civil War. The only problem is that the 10th Amendment seems to give states a right to rebel against the federal government, but not other state governments. There would also have to be a serious grievance, I would think, beyond simply "we want to be our own state." I hope someone with a legal background can weigh in ...
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The Eastern Third of the UP was always within the Original territory of Michigan. The Western two thirds of the UP had not yet been carved out of the original Northwest territory. The Northwest Territory, by law was to be split into 5 states, which is why it would eventually be carved into Ohio, Indiana, Michigan, Illinois, Wisconsin, (and a part of Minnesota). The final 2/3rds of the UP was given to Michigan in exchange for letting Ohio steal, errr, get the Toledo Strip. :-)
It doesn't matter that the CSA justified secession through the 10th Amendment, as the US Supreme Court ruled that secession is unconstitutional. Also that the 10th amendment doesn't apply to everything, much the same way that there are limits to freedom of speech. The federal government has inherent powers as it exists as a sovereign nation amidst the world community. If you read the 10th amendment literally then you could aslo transpose that the federal government can not enforce its own laws, create laws on immigration, among other things...even though the founding fathers clearly intended the federal government to have those powers.
Another interesting tid bit, is that the Northwest Ordinance that was passed twice, and supported heavily by notables like George Washington, Thomas Jefferson, and etc... Said that any state created from the Northwest Territory (Michigan) must forever be within the Union. Much of Michigan's land was once claimed by other states like Massachusetts and Connecticut...since they ceded the land so states like Michigan could form, they didn't want Michigan to turn around and then leave the US. It is also interesting to note that according to the Northwest Ordinance, Michigan has every right of any other state - and can't leave the Union - therefore isn't Jefferson and Washington saying other states can't leave the Union either? Some think so - among other of their writings and laws.
Anyways: For Michigan to legally break off from the US, it needs the national congress' consent.
For the UP to break off legally from Michigan, it needs that and the state congress' consent.