ent in the state.[104]

The prospect of restoration of full political power to the states
appeared briefly in March 1867 when Congress provided that the
Confederate states would be readmitted to the Union and their
delegations would be seated in Congress when they adopted
constitutions which conformed to the Constitution of the United States
with the new Fourteenth Amendment. A convention, dominated largely by
Republican reconstructionists, met in December 1867 and brought forth
the so-called "Underwood Constitution," named for Judge John Underwood
who presided at the convention.

The proposed new constitution contained the main features which were
needed to secure reinstatement of Virginia's sovereignty. In addition,
however, it contained a controversial provision which, in effect,
disenfranchised thousands who had served the Confederacy. Thus, the
choice offered in the impending ratification referendum was difficult
for most Virginians. So controversial was this matter that the army
commander was moved to intervene and postpone the referendum
indefinitely.[105] Stalemate followed during 1868 and 1869. Francis
Pierpont was replaced in the office of Provisional Governor by Henry
Horatio Wells, a New Yorker who was favored by the Radical
Republicans. Progress toward reconstitution of local government lost
momentum as state leadership lapsed.

Intervention by President Grant finally brought action on the
Underwood Constitution by proposing that Virginians vote on the
controversial disenfranchisement clauses separate from the main
features of the document. In July 1869, the vote was taken, with the
expected result that the "test oath" provision was defeated while the
constitution was approved. In the General Assembly elected under this
constitution, the Conservative Party enjoyed a working majority over
the Republicans, who had been badly split by the referendum
controversy. Henry Wells resigned, and was replaced by Gilbert Walker,
who served first by appointment of the army commander and later by
virtue of election to a constitutional four-year term. In January
1870, legislators from Virginia resumed their seats in the Congress,
and the last Federal occupation troops left the State.

The Underwood Constitution introduced major changes into the structure
of local government.[106] It adopted the Northern system of dividing
counties into townships,[107] with a justice of the peace exercising
his authority only within hi