Why does Virginia have independent cities and other states don’t?

RICHMOND, Va. (WRIC) -- Virginia, known for its cities being surrounded by a neighboring county but also separated from one another, dates back to the colonial era and poses several questions when the concept is compared to other states.

Of the 41 independent United States cities, 38 are in Virginia, whose state constitution makes them a special case.

This particular legal tradition dates all the way back to the 19th century when this structure was first laid out after the Civil War. The 1870 Constitution, which took effect in 1871, officially made all incorporated cities independent from counties -- a system that still exists in the 21st century. As a result, they operate separately from any county jurisdiction and have their respective governments and services.

This often frustrates and confuses Virginians, as the Commonwealth has the most independent cities in the United States. The remaining three independent cities are Baltimore, Maryland; St. Louis, Missouri; and Carson City, Nevada.

8News previously defined an independent city as "a city that is not in the jurisdiction of any county — these cities are politically and administratively independent from the counties they border," according to Encyclopedia Virginia.

Why did Virginia adopt this system?

Virginia adopted this system over a century ago, after the 1870 Virginia Constitution was implemented in 1871, and solidified cities as independent entities that were separate from counties.

The independent city system allows cities to have more local autonomy and control over their affairs, like taxation and service provision. It can also help address conflicts between urban and rural areas in the Commonwealth within a county. This is especially evident with resources and services that a region may provide.

Since 1871, all localities incorporated as "cities" have been called "independent cities."

This was enacted when former Confederate states were required to rebuild their governments before rejoining the Union, and old power structures were dominated by former Confederates, as per the Virginia Museum of History and Culture.

This made them free of county control.

Why don't other states have independent cities?

Unlike most states, Virginia's historical background and legality allow it to operate outside of county jurisdiction. Most states define cities as "an incorporated municipality with a minimum population requirement," according to the Census.

Virginia's uniqueness in its legal and historical circumstances allows it to use cities as county equivalents.

Virginia had two classes of independent cities: first and second class, which have since been abolished.

According to Civics Education Virginia, there were 25 independent cities of the first class and 14 of the second, yet the main difference was based on the city's court system.

A city of the first class, which included populations of more than 10,000 residents, housed both its own General District Court and Circuit Court. A city of the second class housed its own District Court but did not have its own Circuit Court, and consisted of less than 10,000 residents.

They further clarified that independent cities were considered “county equivalents."

Other states do not have independent cities due to these historical and legal arrangements and define cities as part of counties. Virginia, however, because it treats cities as county equivalents, affects taxation, school districts, courts and state funding formulas.

Why does Virginia maintain this structure?

Despite being one of the only states to have an independent city structure, Virginia maintains its structure due to its historical origins and ongoing logistics.

Williamsburg was the first city to be developed in the United States to be incorporated by royal charter in 1722, even though the legal concept of "independent cities" did not exist at the time. While Williamsburg wasn't independent in the modern sense, Virginia formally adopted the structure in the late 19th century, and all independent cities since 1871 have been legally independent from counties. This led to other independent cities being formed.

This independent city structure was later reaffirmed in the Constitution of 1902 and again in the Constitution of 1971, according to the Library of Virginia.

The organization further emphasized that local governments, like cities, were "institutions of local government, which left the undemocratic county courts able to continue operating as they had since the 1620s and left municipal governments to operate as they had under their individual charters."