Yet the Virginia convention, in August, 1775, had declared: "We again and for all, publickly and solemnly declare, before God and the world, that we do bear faith and true allegiance to his Majesty George the Third, our only lawful and rightful King."[57]
But before the meeting of the convention of May 6, 1776, sentiment had changed. Jefferson said that nine out of every ten persons were now for independence.[58] In February, Benjamin Harrison had hinted strongly that the time was ripe for separation. In January Washington had written Joseph Reed that "a few more such flaming arguments" as Falmouth and Norfolk would not leave many to oppose a separation. On April 12 John Page predicted that independence would be voted in the approaching convention; two days later Carter Braxton expressed the opinion that independence was not only desirable but inevitable; Pendleton, though greatly disturbed at the prospect of separation, thought that no other course was possible.
There was great excitement in Williamsburg when the delegates arrived to take their seats in the Hall of Burgesses for the opening of the convention. The crowds which filled the gallery must have pointed out each distinguished member as he entered—the aged Richard Bland; George Mason, his black hair now showing a touch of gray; Patrick Henry, in the plain garb he always wore; Richard Henry Lee, who had been called from Congress by the illness of his wife; James Madison, a small delicate young man, widely known as a scholar and political thinker; Edmund Pendleton, six feet in height, lithe, and handsome; Robert Carter Nicholas, Henry Lee, Edmund Randolph.[59]
On the question of independence there were three opinions. Nicholas was opposed to separation, for he thought there was still hope for conciliation. Henry wished Congress to establish independence through a declaration. Pendleton argued for a statement by the convention and by Congress that independence already existed by the action of King and Parliament.
In the end Pendleton was directed to prepare a resolution on independence. So, on May 15, Thomas Nelson, Junior, rose and read two resolutions which Pendleton had drawn up:
Forasmuch as all the endeavors of the United Colonies, by the most decent representations and petitions to the King and Parliament of Great Britain to restore peace and security to America under the British government, and a reunion with that people upon just and liberal terms, instead of a redress of grievances, have produced, from an imperious and vindictive administration, increased insult, oppression, and a vigorous attempt to effect our total destruction. By a late act, all these colonies are declared to be in rebellion, and out of the protection of the British Crown; our properties subjected to confiscation; our people, when captivated, compelled to join in the murder and plunder of their relations and countrymen; and all former rapine and oppression of Americans declared legal and just. Fleets and armies are raised, and the aid of foreign troops engaged to assist in these destructive purposes.
The King's representative in this colony hath not only withheld all the powers of government from operating for our safety, but, having retired on board an armed ship, is carrying on a piratical and savage war against us, tempting our slaves by every artifice to resort to him, and training and employing them against their masters. In this state of extreme danger, we have no alternative left but an abject submission to the will of those overbearing tyrants, or a total separation from the Crown and government of Great Britain, uniting and exerting the strength of all America for defence, and forming alliances with foreign powers for commerce and aid in war: Wherefore, appealing to the SEARCHER OF HEARTS for the sincerity of former declarations, expressing our desire to preserve the connection with that nation, and that we are driven from that inclination by their wicked councils, and the eternal laws of self-preservation:
Resolved, unanimously, That the delegates appointed to represent this colony in the General Congress, be instructed to propose to that respectable body to declare the United Colonies free and independent states, absolved from all allegiance to, or dependence upon the Crown or Parliament of Great Britain; and that they give the assent of this colony to such declaration, and to whatever measures may be thought proper and necessary by the Congress for forming foreign alliances, and a confederation of the colonies, at such time, and in the manner as to them shall seem best; Provided, the power of forming government for, and the regulations of the internal concerns of each colony, be left to the respective colonial legislatures.
Resolved unanimously, That a committee be appointed to prepare a DECLARATION OF RIGHTS, and such a plan of government as will be most likely to maintain peace and order in this colony, and secure substantial and equal liberty to the people.
The people of Virginia everywhere applauded this final breach with Great Britain. In Williamsburg the "Union flag of the American states" was raised over the Capitol. The troops, under General Lewis, wheeled and marched in a nearby grove in the presence of the members of the Committee of Safety and of the convention and a crowd of citizens. After the resolutions of the convention had been read to the troops, a toast was proposed to "The American Independent States," which was drunk to the shouts of the crowd and the firing of the artillery. Then followed toasts to "The Grand Congress of the United States and their Respective Legislatures," and to "General Washington and Victory for the American Arms." With coming of night the people illuminated the town amid demonstrations of joy "that the domination of Great Britain was now at an end."[60]
The resolutions of the convention were tantamount to a Virginia declaration of independence. Though it was thought wise to act in concert with the other colonies, the convention did not wait for Congress, but proceeded to draw up a constitution for an independent state, with Governor, Senate, House of Delegates, and judiciary. One hundred and sixty-nine years, almost to a day, after Captain Christopher Newport planted the English flag on the Jamestown peninsula, English authority in Virginia was overthrown.