Virginia Court Of Appeals Reports

Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth are shaped by the Blue Ridge Mountains and the Chesapeake Bay, which provide habitat for much of its flora and fauna. The capital of the Commonwealth is Richmond; Virginia Beach is the most-populous city, and Fairfax County is the most-populous political subdivision. The Commonwealth's population was over 8.65million, with 36% of them living in the Baltimore–Washington metropolitan area.

The area's history begins with several indigenous groups, including the Powhatan. In 1607, the London Company established the Colony of Virginia as the first permanent English colony in the New World. Virginia's state nickname, the Old Dominion, is a reference to this status. Slave labor and land acquired from displaced native tribes fueled the growing plantation economy, but also fueled conflicts both inside and outside the colony. Virginia was one of the original Thirteen Colonies in the American Revolution, and battles in Virginia secured the independence of the United States. During the American Civil War, Virginia was split when the state government in Richmond joined the Confederacy, but many of the state's northwestern counties remained loyal to the Union, becoming the state of West Virginia in 1863. Although the Commonwealth was under one-party rule for nearly a century following the Reconstruction era, both major political parties are competitive in modern Virginia.

Virginia's state legislature is the Virginia General Assembly, which was established in July 1619, making it the oldest current law-making body in North America. It is made up of a 40-member Senate and a 100-member House of Delegates. The state government is unique in how it treats cities and counties equally, manages local roads, and prohibits governors from serving consecutive terms. Virginia's economy has many sectors: agriculture in the Shenandoah Valley; high tech and federal agencies, including the headquarters of the U.S. Department of Defense and Central Intelligence Agency, in Northern Virginia; and military facilities in Hampton Roads, the site of the region's main seaport.

History

May 2007 marked 400 years since the establishment of the Jamestown Colony. Observances for this quadricentennial highlighted contributions from Native Americans, Africans, and Europeans, each of which had a significant part in shaping Virginia's history. Warfare, including among these groups, has also had an important role. Virginia was a focal point in conflicts from the French and Indian War, the American Revolution and the Civil War, to the Cold War and the War on Terrorism. Fictionalized stories about the early colony, in particular the story of Pocahontas and John Smith, first became popular in the period after the Revolutionary War, and together with other myths surrounding George Washington's childhood and the plantation elite in the antebellum period, became touchstones of Virginian and American culture and helped shape the state's historic politics and beliefs.

Original inhabitants

The first people are estimated to have arrived in Virginia over 12,000 years ago. By 5,000 years ago, more permanent settlements emerged, and farming began by 900 AD. By 1500, the Algonquian peoples had founded towns such as Werowocomoco in the Tidewater region, which they referred to as Tsenacommacah. The other major language groups in the area were the Siouan to the west and the Iroquoians, who included the Nottoway and Meherrin, to the north and south. After 1570, the Algonquians consolidated under Wahunsenacawh, known in English as Chief Powhatan, in response to threats from these other groups on their trade network. Powhatan controlled more than thirty smaller tribes, which shared a common Virginia Algonquian language, with more than 150 settlements that had total population of around 15,000 in 1607. Over that century however, three-fourths of the native population in Virginia would die from smallpox and other Old World diseases.

Colony

Several European expeditions, including a group of Spanish Jesuits, explored the Chesapeake Bay during the 16th century. To help counter Spain's colonies in the Caribbean, Queen Elizabeth I of England supported Walter Raleigh's April 1584 expedition to the Atlantic coast of North America. The name "Virginia" was used by Captain Arthur Barlowe in the expedition's report, and may have been suggested that year by Raleigh or Elizabeth, perhaps noting her status as the "Virgin Queen" or that they viewed the land as being untouched, and may also be related to an Algonquin phrase, ''Wingandacoa'' or ''Windgancon'', or leader's name, Wingina, as heard by the expedition. Initially the name applied to the entire coastal region from South Carolina to Maine, plus the island of Bermuda. Raleigh's colony failed, but in 1606, the new king James I of England issued the First Virginia Charter to the London Company, a joint stock company that financed a new expedition, which was led by Christopher Newport and sailed that December. They landed in Virginia in May 1607, and established a settlement named for the king, Jamestown.

Life in the colony was perilous, and many died during the Starving Time in 1609 and in a series of conflicts with the Powhatan Confederacy that started in 1610, and flared up again in 1622, when led by Powhatan's brother, Opechancanough. Only 3,400 of the 6,000 early settlers had survived by 1624. However, European demand for tobacco fueled the arrival of more settlers and servants. The headright system tried to solve the labor shortage by providing colonists with land for each indentured servant they transported to Virginia. Colonists struggled with rule from both the London Company and English monarchy, which took direct control of the colony in 1624 in part because in 1619, colonists had gained greater local control with an elected leadership. Later called the House of Burgesses, it shared power with the governors appointed by the crown. In 1635, colonists arrested a despised governor and forced him to return to England against his will. The turmoil of the English Civil War permitted Virginia even greater autonomy during the 1650s, and many supporters of the king fled to the colony, becoming known as "Virginia Cavaliers."

African workers were first imported to Jamestown in 1619 initially under the rules of indentured servitude. The shift to a system of African slavery in Virginia was propelled by the legal cases of John Punch, who was sentenced to lifetime slavery for attempting to escape servitude in 1640, and of John Casor, who was claimed by Anthony Johnson as his servant for life in 1655. Slavery first appears in Virginia statutes in 1661 and 1662, when a law made it hereditary based on the mother's status. Tensions and the geographic differences between the working and ruling classes led to Bacon's Rebellion in 1676, by which time current and former indentured servants made up as much as eighty percent of the population. The rebels, who burned Jamestown, were largely from the colony's frontier, and opposed to the governor's conciliatory policy towards native tribes. One result of the rebellion was the signing at Middle Plantation of the Treaty of 1677, which made the signatory tribes tributary states and was part of a pattern of appropriating tribal land by force and treaty.

In 1693, the College of William & Mary was founded in Middle Plantation, which was renamed Williamsburg in 1699, when it became the new capital of the growing colony. Colonists in the 1700s were likewise moving inland, and in 1747, a group of Virginian speculators formed the Ohio Company, with the backing of the British crown, to start English settlement and trade in the Ohio Country west of the Appalachian Mountains. The Kingdom of France, which claimed this area as part of their colony of New France, viewed this as a threat, and the ensuing French and Indian War became part of the Seven Years' War (1756–1763). A militia from several British colonies, called the Virginia Regiment, was led by then-Lieutenant Colonel George Washington.

Statehood

The British Parliament's efforts to levy new taxes in the decade following the French and Indian War were deeply unpopular in the colonies. In the House of Burgesses, opposition to taxation without representation was led by Patrick Henry and Richard Henry Lee, among others. Virginians began to coordinate their actions with other colonies in 1773, and sent delegates to the Continental Congress the following year. After the House of Burgesses was dissolved by the British governor in 1774, Virginia's revolutionary leaders continued to govern via the Virginia Conventions. On May 15, 1776, the Convention declared Virginia's independence from the British Empire and adopted George Mason's Virginia Declaration of Rights, which was then included in a new constitution. Another Virginian, Thomas Jefferson, drew upon Mason's work in drafting the national Declaration of Independence.

When the American Revolutionary War began in 1776, George Washington was selected to head the Continental Army, and many Virginians joined the army and other revolutionary militias. Virginia was the first colony to ratify the Articles of Confederation in December 1777. In April 1780, the capital was moved to Richmond at the urging of Governor Thomas Jefferson, who feared that Williamsburg's coastal location would make it vulnerable to British attack. British forces indeed landed around Portsmouth in October 1780, and soldiers under Benedict Arnold managed to raid Richmond in January 1781. The British army had over seven thousand soldiers in Virginia that year, but General Charles Cornwallis and his superiors were indecisive, and maneuvers by the three thousand soldiers under the Marquis de Lafayette and twenty-nine French warships together managed to trap the British on the Virginia Peninsula in September 1781. Around sixteen thousand soldiers under George Washington and Comte de Rochambeau quickly converged there and defeated Cornwallis in the siege of Yorktown. His surrender on October 19, 1781, led to peace negotiations in Paris and secured the independence of the colonies.

Virginians were instrumental in the new country's early years and in writing the United States Constitution. James Madison drafted the Virginia Plan in 1787 and the Bill of Rights in 1789. Virginia ratified the Constitution on June 25, 1788. The three-fifths compromise ensured that Virginia, with its large number of slaves, initially had the largest bloc in the House of Representatives. Together with the Virginia dynasty of presidents, this gave the Commonwealth national importance. In 1790, both Virginia and Maryland ceded territory to form the new District of Columbia, though the Virginian area was retroceded in 1846. Virginia is called the "Mother of States" because of its role in being carved into states such as Kentucky, which became the fifteenth state in 1792, and for the numbers of American pioneers born in Virginia.

Civil War

Between 1790 and 1860, the number of slaves in Virginia rose from around 290 thousand to over 490 thousand, roughly one-third of the state population during that time, and the number of slaveholders rose to over fifty thousand, both the most in the U.S. Soil exhausted by years of monoculture tobacco farming pushed the plantation economy to expand westward, and as labor-intensive cotton came to dominate southern agriculture after 1800, Virginia plantations turned to exporting slaves by the thousands, breaking up many families in the process. In addition to agriculture, slave labor was increasingly used in mining, shipbuilding and other industries. The failed slave uprisings of Gabriel Prosser in 1800, George Boxley in 1815, and Nat Turner in 1831, however, marked the growing resistance to the system of slavery. One response to Nat Turner's rebellion by the Virginia government was to arrange for ships to transport free Blacks to Liberia.

On October 16, 1859, abolitionist John Brown led a raid on an armory in Harpers Ferry, Virginia, in an attempt to start a slave revolt across the southern states. The polarized national response to his raid and execution in Charles Town that December marked a tipping point for many who believed the end of slavery would need to be achieved by force. Abraham Lincoln's 1860 election further convinced many southern supporters of slavery that his opposition to its expansion would ultimately mean the end of slavery across the country. In South Carolina, the first state to secede to preserve the institution of slavery, a regiment loyal to the newly-formed Confederate States of America seized Fort Sumter on April 14, 1861, prompting President Lincoln to call for a federal army of 75,000 men from state militias the next day.

In Virginia, a special convention called by the General Assembly voted on April 17 to secede on the condition it was approved in a referendum the next month. The convention then voted to join the Confederacy, which named Richmond its capital on May 20. During the May 23 referendum, armed pro-Confederate groups prevented the casting and counting of votes from many northwestern counties that opposed secession. Representatives from 27 of these counties instead began the Wheeling Convention that month, which organized a government loyal to the Union and led to the separation of West Virginia as a new state.

The armies of the Union and Confederacy first met on July 21, 1861 in Battle of Bull Run near Manassas, Virginia, where a Confederate victory established that the war would not be easily decided. Union General George B. McClellan organized the Army of the Potomac, which landed on the Virginia Peninsula in March 1862 and reached the outskirts of Richmond that June. With Confederate General Joseph E. Johnston wounded in fighting outside the city, command his Army of Northern Virginia fell to Robert E. Lee. Over the next month, Lee drove the Union army back, and starting that September, led the first of several invasions into Union territory. During the next three years of war, more battles were fought in Virginia than anywhere else, including the battles of Fredericksburg, Chancellorsville, Spotsylvania, and the concluding Battle of Appomattox Court House, where Lee surrendered on April 9, 1865. After the capture of Richmond that month, the state capital was briefly moved to Lynchburg, while the Confederate leadership fled to Danville. 32,751 Virginians died in the Civil War.

Reconstruction and Jim Crow

Virginia was formally restored to the United States in 1870, due to the work of the Committee of Nine. During the post-war Reconstruction era, African Americans were able to unite in communities, particularly around Richmond, Danville, and the Tidewater region, and take a greater role in Virginia society, as many achieved some land ownership during the 1870s. Virginia adopted a constitution in 1868 which guaranteed political, civil, and voting rights, and provided for free public schools. However, with much of the railroads and other infrastructure investments destroyed during the Civil War, the Commonwealth was deeply in debt, and in the late 1870s redirected money from public schools to pay bondholders. The Readjuster Party formed in 1877 and won legislative power in 1879 by uniting Black and white Virginians behind a shared opposition to debt payments and the perceived plantation elites.

The Readjusters focused on building up schools, like Virginia Tech and Virginia State, and successfully forced West Virginia to share in the pre-war debt. But in 1883, they were divided by a proposed repeal of anti-miscegenation laws, and days before that year's election, a riot in Danville involving armed policemen left four Black men and one white man dead. These events motivated a push by white supremacists to seize political power, and segregationists in the Democratic Party won the legislature that year and maintained control for decades. They passed Jim Crow laws and in 1902 rewrote the state constitution to include a poll tax and other voter registration measures that effectively disenfranchised most African Americans and many poor whites.

New economic forces would meanwhile industrialize the Commonwealth. Virginian James Albert Bonsack invented the tobacco cigarette rolling machine in 1880 leading to new large-scale production centered around Richmond. Railroad magnate Collis Potter Huntington founded Newport News Shipbuilding in 1886, which was responsible for building six World War I-era dreadnoughts, seven battleships, and 25 destroyers for the U.S. Navy from 1907 to 1923. During the war, German submarines like U-151 attacked ships outside the port, which was a major site for transportation of both soldiers and supplies. A homecoming parade to honor African-American veterans returning from the war was attacked in July 1919 as part of a renewed white-supremacy movement that was known as Red Summer. During World War II, the shipyard quadrupled its labor force to 70,000 by 1943, while the Radford Arsenal outside Blacksburg had 22,000 workers making explosives.

Civil Rights to present

Protests against underfunded segregated schools started by Barbara Rose Johns in 1951 in Farmville led to the lawsuit '' Davis v. County School Board of Prince Edward County''. This case, filed by Richmond natives Spottswood Robinson and Oliver Hill, was decided in 1954 with '' Brown v. Board of Education'', which rejected the doctrine of " separate but equal". But, in 1956, under the policy of "massive resistance" led by the influential segregationist Senator Harry F. Byrd and his Byrd Organization, the Commonwealth prohibited desegregated local schools from receiving state or private funding as part of the Stanley Plan. After schools in many districts began closing in September 1958, state and district courts ruled the plan unconstitutional, and on February 2, 1959, the first Black students integrated schools in Arlington and Norfolk, where they were known as the Norfolk 17. Prince Edward County still refused to integrate, and closed their county school system in June 1959. The Supreme Court ordered the county's public schools to be, like others in the state, open and integrated in May 1964, which they finally did that September.

The civil rights movement gained national support during the 1960s. Federal passage of the Civil Rights Act in June 1964 and Voting Rights Act in August 1965, and their later enforcement, helped end racial segregation in Virginia and overturn Jim Crow era state laws. In June 1967, the Supreme Court also struck down the state's ban on interracial marriage with ''Loving v. Virginia''. In 1968, Governor Mills Godwin called a commission to rewrite the state constitution. The new constitution, which banned discrimination and removed articles which now violated federal law, passed in a referendum with 71.8% support and went into effect in June 1971. In 1977, Black members became the majority of Richmond's city council; in 1989, Douglas Wilder became the first African American elected as governor in the United States; and in 1992, Bobby Scott became the first Black congressman from Virginia since 1888.

The expansion of federal government offices into Northern Virginia's suburbs during the Cold War boosted the region's population and economy. The Central Intelligence Agency outgrew their offices in Foggy Bottom during the Korean War, and moved to Langley in 1961, in part due to a decision by the National Security Council that the agency relocate outside the District of Columbia. The agency was involved in various Cold War events, and its headquarters was a target of Soviet espionage activities. The Pentagon, built in Arlington during World War II as the headquarters of the Department of Defense, was one of the targets of the September 11, 2001 attacks; 189 people died at the site when a jet passenger plane was flown into the building. Mass shootings at Virginia Tech in 2007 and in Virginia Beach in 2019 led to passage of gun control measures in 2020. Racial injustice and the presence of Confederate monuments in Virginia have also led to large demonstrations, including in August 2017, when a white supremacist drove his car into protesters, killing one, and in June 2020, when protests that were part of the larger Black Lives Matter movement brought about the removal of statues on Monument Avenue in Richmond and elsewhere.

Geography

Virginia is located in the Mid-Atlantic and Southeastern regions of the United States. Virginia has a total area of , including of water, making it the 35th- largest state by area. The Commonwealth is bordered by Maryland and Washington, D.C. to the north and east; by the Atlantic Ocean to the east; by North Carolina to the south; by Tennessee to the southwest; by Kentucky to the west; and by West Virginia to the north and west. Virginia's boundary with Maryland and Washington, D.C. extends to the low-water mark of the south shore of the Potomac River.

The Commonwealth's southern border is defined as 36°30' north latitude, though surveyor error in the 1700s led to deviations of as much as three arcminutes as the North Carolina border moved west. Surveyors appointed by Virginia and Tennessee worked in 1802 and 1803 to reset the border as a line from the summit of White Top Mountain to the top of Tri-State Peak in the Cumberland Mountains. However, errors in this line were discovered in 1856, and the Virginia General Assembly proposed a new surveying commission in 1871. Tennessee's representatives preferred to keep the 1803 line, and in 1893, the U.S. Supreme Court ruled in their favor in the case ''Virginia v. Tennessee''. One result of this is the division of the city of Bristol between the two states.

Geology and terrain

The Chesapeake Bay separates the contiguous portion of the Commonwealth from the two-county peninsula of Virginia's Eastern Shore. The bay was formed from the drowned river valley of the ancient Susquehanna River. Many of Virginia's rivers flow into the Chesapeake Bay, including the Potomac, Rappahannock, York, and James, which create three peninsulas in the bay, traditionally referred to as "necks" named Northern Neck, Middle Peninsula, and the Virginia Peninsula from north to south. Sea level rise has eroded the land on Virginia's islands, which include Tangier Island in the bay and Chincoteague, one of 23 barrier islands on the Atlantic coast.

The Tidewater is a coastal plain between the Atlantic coast and the fall line. It includes the Eastern Shore and major estuaries of Chesapeake Bay. The Piedmont is a series of sedimentary and igneous rock-based foothills east of the mountains which were formed in the Mesozoic era. The region, known for its heavy clay soil, includes the Southwest Mountains around Charlottesville. The Blue Ridge Mountains are a physiographic province of the Appalachian Mountains with the highest points in the Commonwealth, the tallest being Mount Rogers at . The Ridge-and-Valley region is west of the mountains, carbonate rock based, and includes the Massanutten Mountain ridge and the Great Appalachian Valley, which is called the Shenandoah Valley in Virginia. The Cumberland Plateau and Cumberland Mountains are in the southwest corner of Virginia, south of the Allegheny Plateau. In this region, rivers flow northwest, with a dendritic drainage system, into the Ohio River basin.

The Virginia Seismic Zone has not had a history of regular earthquake activity. Earthquakes are rarely above 4.5 in magnitude, because Virginia is located away from the edges of the North American Plate. The Commonwealth's largest earthquake in at least a century, at a magnitude of 5.8, struck central Virginia on August 23, 2011, near Mineral. Due to the area's geologic properties, this earthquake was felt from Northern Florida to Southern Ontario. 35million years ago, a bolide impacted what is now eastern Virginia. The resulting Chesapeake Bay impact crater may explain what earthquakes and subsidence the region does experience. A meteor impact is also theorized as the source of Lake Drummond, the largest of the two natural lakes in the state.

The Commonwealth's carbonate rock is filled with more than 4,000 limestone caves, ten of which are open for tourism, including the popular Luray Caverns and Skyline Caverns. Virginia's iconic Natural Bridge is also the remaining roof of a collapsed limestone cave. Coal mining takes place in the three mountainous regions at 45 distinct coal beds near Mesozoic basins. More than 72million tons of other non-fuel resources, such as slate, kyanite, sand, or gravel, were also mined in Virginia . The largest-known deposits of uranium in the U.S. are under Coles Hill, Virginia. Despite a challenge that reached the U.S. Supreme Court twice, the state has banned its mining since 1982 due to environmental and public health concerns.

Climate

Virginia has a humid subtropical climate that transitions to humid continental west of the Blue Ridge Mountains. Seasonal extremes vary from average lows of in January to average highs of in July. The Atlantic Ocean and Gulf Stream have a strong effect on eastern and southeastern coastal areas of the Commonwealth, making the climate there warmer and more constant. Most of Virginia's recorded extremes in temperature and precipitation have occurred in the Blue Ridge Mountains and areas west. Virginia receives an average of of precipitation annually, with the Shenandoah Valley being the state's driest region due to the mountains on either side.

Virginia has around 35–45 days with thunderstorms annually, and storms are common in the late afternoon and evenings between April and September. These months are also the most common for tornadoes, fifteen of which touched down in the Commonwealth in 2020. Hurricanes and tropical storms can occur from August to October, and though they typically impact coastal regions, the deadliest natural disaster in Virginia was Hurricane Camille, which killed over 150 people mainly in inland Nelson County in 1969. Between December and March, cold-air damming caused by the Appalachian Mountains can lead to significant snowfalls across the state, such as the January 2016 blizzard, which created the state's highest recorded snowfall of near Bluemont. Virginia only received of snow during winter 2018–19, just above the state's average of .

Climate change in Virginia is leading to higher temperatures year-round as well as more heavy rain and flooding events. Urban heat islands can be found in many Virginia cities and suburbs, particularly in neighborhoods linked to historic redlining. Arlington had the most code orange days in 2021 for high ozone pollution in the air, with four, followed by Fairfax County with three. Exposure of particulate matter in Virginia's air has been cut in half from 13.5 micrograms per cubic meter in 2003 to 6.5 in 2021. The closure and conversion of coal power plants in Virginia and the Ohio Valley region has reduced haze in the mountains, which peaked in 1998. Coal has declined as a source of Virginia's electricity from 44% in 2008 to just 4% in 2019, and current plans call for 30% of the Commonwealth's electricity to be renewable by 2030 and for all to be carbon-free by 2050.

Ecosystem

Forests cover 62% of Virginia , of which 78% is considered hardwood forest, meaning that trees in Virginia are primarily deciduous and broad-leaved. The other 22% is pine, with Loblolly and shortleaf pine dominating much of central and eastern Virginia. In the western and mountainous parts of the Commonwealth, oak and hickory are most common, while lower altitudes are more likely to have small but dense stands of moisture-loving hemlocks and mosses in abundance. Spongy moth infestations in oak trees and the blight in chestnut trees have decreased both of their numbers, leaving more room for hickory and invasive ailanthus trees. In the lowland tidewater and Piedmont, yellow pines tend to dominate, with bald cypress wetland forests in the Great Dismal and Nottoway swamps. Other common trees include red spruce, Atlantic White cedar, tulip-poplar, and the flowering dogwood, the state tree and flower, as well as willows, ashes, and laurels. Plants like milkweed, dandelions, daisies, ferns, and Virginia creeper, which is featured on the state flag, are also common. The Thompson Wildlife Area in Fauquier is known for one of the largest populations of trillium wildflowers in all of North America.

, roughly 16.2% of land in the Commonwealth is protected by federal, state, and local governments and non-profits. Federal lands account for the majority, with thirty National Park Service units in the state, such as Great Falls Park and the Appalachian Trail, and one national park, Shenandoah. Shenandoah was established in 1935 and encompasses the scenic Skyline Drive. Almost forty percent of the park's total area has been designated as wilderness under the National Wilderness Preservation System. The U.S. Forest Service administers the George Washington and Jefferson National Forests, which cover more than within Virginia's mountains, and continue into West Virginia and Kentucky. The Great Dismal Swamp National Wildlife Refuge also extends into North Carolina, as does the Back Bay National Wildlife Refuge, which marks the beginning of the Outer Banks.

State agencies control about one-third of protected land in the state, and the Virginia Department of Conservation and Recreation manages over in forty Virginia state parks and in 65 Natural Area Preserves, plus three undeveloped parks. Breaks Interstate Park crosses the Kentucky border and is one of only two inter-state parks in the United States. Sustainable logging is allowed in 26 state forests managed by the Virginia Department of Forestry totaling , as is hunting in 44 Wildlife Management Areas run by the Virginia Department of Wildlife Resources covering over . The Chesapeake Bay is not a national park, but is protected by both state and federal legislation and the inter-state Chesapeake Bay Program, which conducts restoration on the bay and its watershed.

Wildlife

White-tailed deer, one of 75 mammal species found in Virginia, rebounded from an estimated population of as few as 25 thousand in the 1930s to over one million by the 2010s. Native carnivorans include black bears, who have a population of around five to six thousand in the state, as well as bobcats, coyotes, both gray and red foxes, raccoons, weasels and skunks. Rodents include groundhogs, nutria, beavers, both gray squirrels and fox squirrels, chipmunks, and Allegheny woodrats, while the seventeen bat species include brown bats and the Virginia big-eared bat, the state mammal. The Virginia opossum is also the only marsupial native to the United States and Canada, and the native Appalachian cottontail was recognized in 1992 as a distinct species of rabbit, one of three found in the state. Whales, dolphins, and porpoises have also been recorded in Virginia's coastal waters, with bottlenose dolphins being the most frequent aquatic mammals.

Virginia's bird fauna consists of 422 counted species, of which 359 are regularly occurring, 41 are accidental (vagrant), 20 are hypothetical, and two are extinct; of the regularly occurring species, 214 have bred in Virginia, while the rest are winter residents or transients in Virginia.Karen Terwilliger, ''A Guide to Endangered and Threatened Species in Virginia'' (Virginia Department of Game & Inland Fisheries/McDonald & Woodward: 1995), p. 158. Water birds include sandpipers, wood ducks, and Virginia rail, while common inland examples include warblers, woodpeckers, and cardinals, the state bird. Birds of prey include osprey, broad-winged hawks, and barred owls. There are no species of bird endemic to the Commonwealth. Audubon recognizes 21 Important Bird Areas in the state. Peregrine falcons, whose numbers dramatically declined due to DDT pesticide poisoning in the middle of the 20th century, are the focus of conservation efforts in the state and a reintroduction program in Shenandoah National Park.

Virginia has 226 species of freshwater fish from 25 families; the state's diverse array of fish species is attributable to its varied and humid climate, topography, interconnected river system, and lack of Pleistocene glaciers. The state's lakes and rivers are home to Eastern blacknose dace and sculpin on the Appalachian Plateau; smallmouth bass and redhorse sucker in the Ridge-and-Valley region; brook trout, the state fish, and Kanawha darter in the Blue Ridge; stripeback darter and Roanoke bass in the Piedmont; and swampfish, bluespotted sunfish, and pirate perch in the Tidewater. The Chesapeake Bay is host to clams, oysters, and 350 species of saltwater and estuarine fish, including the bay's most abundant finfish, the Bay anchovy, as well as the invasive blue catfish. An estimated 405 million Chesapeake blue crabs live in the bay . There are 34 native species of crayfish, like the Big Sandy, which often inhabit rocky bottomed streambeds. Amphibians found in Virginia include the Cumberland Plateau salamander and Eastern hellbender, while the northern watersnake is the most common of the 32 snake species.

Cities and towns

Virginia is divided into 95 counties and 38independent cities, the latter acting in many ways as county-equivalents. This general method of treating cities and counties on par with each other is unique to Virginia; only three other independent cities exist elsewhere in the United States, each in a different state. The differences between counties and cities in Virginia are small and have to do with how each assess new taxes, whether a referendum is necessary to issue bonds, and with the application of Dillon's Rule, which limits the authority of cities and counties to countermand acts expressly allowed by the General Assembly. Within counties, there can also be incorporated towns, which do operate their own governments, and unincorporated communities, which do not. There are no further administrative subdivisions, such as villages or townships.

Over 3million people, 35% of Virginians, live in Northern Virginia, which is part of the larger Washington metropolitan area and the Northeast megalopolis. Fairfax County is the most populous locality in the state, with more than 1.1million residents, although that does not include its county seat Fairfax City, which is one of the independent cities. Fairfax County has a major urban business and shopping center in Tysons Corner, Virginia's largest office market. Neighboring Prince William County is Virginia's second most populous county, with a population exceeding 450,000, and is home to Marine Corps Base Quantico, the FBI Academy and Manassas National Battlefield Park. Loudoun County, with its county seat at Leesburg, is the fastest-growing county in the state. Arlington County is the smallest self-governing county in the U.S. by land area, and has considered reorganizing as an independent city due to its high density.

Richmond is the capital of Virginia, and its city proper has a population of over 230,000, while its metropolitan area has over 1.2million. , Virginia Beach is the most populous independent city in the Commonwealth, with Chesapeake and Norfolk second and third, respectively. The three are part of the larger Hampton Roads metropolitan area, which has a population over 1.7million people and is the site of the world's largest naval base, Naval Station Norfolk. Suffolk, which includes a portion of the Great Dismal Swamp, is the largest city by area at . In western Virginia, Roanoke city and Montgomery County, part of the Blacksburg–Christiansburg metropolitan area, both have surpassed a population of over 100,000 since 2018.

Demographics

The United States Census Bureau found the state resident population was 8,631,393 on April 1, 2020, a 7.9% increase since the 2010 United States census. Another 23,149 Virginians live overseas, giving the state a total population of 8,654,542. Virginia has the fourth largest overseas population of U.S. states due to its federal employees and military personnel. The birth rate in Virginia was 11.4 per 1,000 over five years, and the median age was 38.4 years old, both identical to the national averages . , the center of population was located in Louisa County, near Richmond.

Immigration between 2010 and 2018 from outside the United States resulted in a net increase of 159,627 people, and migration within the country produced a net increase of 155,205 people. Aside from Virginia, the top birth state for Virginians is New York, having overtaken North Carolina in the 1990s, with the Northeast accounting for the largest number of domestic migrants into the state by region. About twelve percent of residents were born outside the United States . El Salvador was the most common foreign country of birth, with India, South Korea, Vietnam, Ethiopia, and the Philippines as other common birthplaces.

Race and ethnicity

The state's most populous racial group, non-Hispanic whites, has declined as a proportion of the population from 76% in 1990 to 58.6% in 2020, as other ethnicities have increased. Immigrants from the islands of Britain and Ireland settled throughout the Commonwealth during the colonial period, a time when roughly three-fourths of immigrants came as indentured servants. Those who identify on the census as having " American ethnicity" are predominantly of English descent, but have ancestors who have been in North America for so long they choose to identify simply as American. The western mountains have many settlements that were founded by Scotch-Irish immigrants before the American Revolution. There are also sizable numbers of people of German descent in the northwestern mountains and Shenandoah Valley, and 10.6% of Virginians are estimated to have German ancestry, .

The largest minority group in Virginia are Blacks and African Americans, who include about one-fifth of the population. Virginia was a major destination of the Atlantic slave trade, and the first generations of enslaved men, women, and children were brought primarily from Angola and the Bight of Biafra. The Igbo ethnic group of what is now southern Nigeria were the single largest African group among slaves in Virginia. Blacks in Virginia also have more European ancestry than those in other southern states, and DNA analysis shows many have asymmetrical male and female ancestry contributions from before the Civil War, evidence of European fathers and African or Native American mothers during the time of slavery. Though the Black population was reduced by the Great Migration to northern industrial cities in the first half of the 20th century, since 1965 there has been a reverse migration of Blacks returning south. The Commonwealth has the highest number of Black-white interracial marriages in the United States, and 8.2% of Virginians describe themselves as multiracial.

More recent immigration in the late 20th century and early 21st century has resulted in new communities of Hispanics and Asians. , 10.5% of Virginia's total population describe themselves as Hispanic or Latino, and 8.8% as Asian. The state's Hispanic population rose by 92% from 2000 to 2010, with two-thirds of Hispanics in the state living in Northern Virginia. Northern Virginia also has a significant population of Vietnamese Americans, whose major wave of immigration followed the Vietnam War. Korean Americans have migrated more recently, attracted by the quality school system. The Filipino American community has about 45,000 in the Hampton Roads area, many of whom have ties to the U.S. Navy and armed forces.

Tribal membership in Virginia is complicated by the legacy of the state's " pencil genocide" of intentionally categorizing Native Americans and Blacks together, and many tribal members do have African and European ancestry. In 2020, the U.S. Census Bureau found that only 0.5% of Virginians were exclusively American Indian or Alaska Native, though 2.1% were in some combination with other ethnicities. The state government has extended recognition to eleven indigenous tribes resident in Virginia. Seven tribes also have federal recognition, including six that were recognized in 2018 after passage of bill named for activist Thomasina Jordan. The Pamunkey and Mattaponi have reservations on tributaries of the York River in the Tidewater region.

Languages

According to U.S. Census data on Virginia residents age five and older, 83.2% (6,683,027) speak English at home as a first language, while 16.8% (1,352,586) speak something other than English. Spanish is the next most commonly spoken language, with 7.6% (616,226) of Virginia households, though age is a factor, and 10.3% (139,312) of Virginians under age eighteen speak Spanish. 58.2% of Spanish speakers reported speaking English "very well," but again, of Spanish-speakers under age eighteen, 80.3% speak English "very well." Chinese languages, including Standard Mandarin and Cantonese, were the third most commonly spoken languages with around 0.8% of residents, followed by Vietnamese and Arabic, both with just over 0.7%, and then Korean and Tagalog, with 0.6% and 0.5% respectively.

English was passed as the Commonwealth's official language by statutes in 1981 and again in 1996, though the status is not mandated by the Constitution of Virginia. While a more homogenized American English is found in urban areas, various accents are also used. The Piedmont region is known for its non-rhotic dialect's strong influence on Southern American English, and a BBC America study in 2014 ranked it as one of the most identifiable accents in American English. The Tidewater accent, sometimes described as a subset of the Old Virginia accent, evolved from the language that upper-class English typically spoke in the early Colonial period, while the Appalachian accent has much more influence from the English spoken by Scottish and Irish immigrants from that time. The English spoken on Tangier Island in the Chesapeake Bay, preserved by the island's isolation, contains many phrases and euphemisms not found anywhere else and is said to closely resemble Elizabethan English or "Restoration English."

Religion

Virginia is predominantly Christian and Protestant; Baptist denominations combined to form largest group with over a quarter of the population . Baptist denominational groups in Virginia include the Baptist General Association of Virginia, with about 1,400 member churches, which supports both the Southern Baptist Convention and the moderate Cooperative Baptist Fellowship; and the Southern Baptist Conservatives of Virginia with more than 500 affiliated churches, which supports the Southern Baptist Convention. Roman Catholics are the next largest religious group with around twelve percent. The Roman Catholic Diocese of Arlington includes most of Northern Virginia's Catholic churches, while the Diocese of Richmond covers the rest.

The United Methodist Church, representing about six percent of Virginians, has the Virginia Conference as their regional body in most of the Commonwealth, while the Holston Conference represents much of extreme Southwest Virginia. Around five percent of Virginians attend Pentecostal churches

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