Kentucky Trivia: The Birth of a State

I don’t mind embracing my age, so I’ll confess to watching The Daniel Boone TV show (1964–1970). I can even sing the theme song. If you’re a youngster, you may have seen it on cable reruns: Boone as the all-around good guy and frontier hero, conducting surveys and expeditions around Boonesborough, running into both friendly and hostile Indians, before, during, and even after the Revolutionary War. Of course, there’s the TV Boone and the historical one—the Boone who symbolized Virginia’s land policies more than he shaped them himself.Multiple states claim Daniel Boone because of his travels across the frontier — Pennsylvania, where he was born; North Carolina, where he came of age; Kentucky, where he blazed the Wilderness Road and helped open the interior to settlers; and Missouri, where he lived out his final years.Today, our focus is Kentucky: how Boone’s surveying and trail-blazing symbolized Virginia’s land policies, and how those policies paved the way for statehood in 1792.The explanation begins in1609 when King James I granted the Virginia colony a charter that stretched “from sea to sea,” sweeping aside the French, the Spanish, and of course the Indigenous nations already here. During the Revolution, Virginia organized Kentucky County (VA), and by the 1780s it was further divided into Fayette, Jefferson, and Lincoln Counties. Together these counties formed a distinct bloc that petitioned Congress for separation from Virginia again and again. With over 70,000 settlers by 1790, Kentucky had the numbers and leverage to become a state in 1792 and added the counties of Nelson, Bourbon, Madison, Mercer, Mason, and Woodford. For comparison, Ohio didn’t qualify for statehood until 1802, and that was through an exception called The Enabling Act.“Wasted Land”The Virginians of 1790 often described Kentucky as “wasted land,” which is not a legal term. “Waste” in property law usually referred to land not in active agricultural use (unfenced, uncleared, unplowed). Colonists and early legislators often borrowed this language to justify dispossession.Today, we can appreciate that just because the land wasn’t managed with European methods doesn’t mean it was not being managed at all. For centuries, Shawnee, Cherokee, Mingo, and other nations had hunted, farmed, and burned the forest here. They moved seasonally between river bottoms and uplands, and their claims overlapped, making Kentucky one of the most contested landscapes in eastern North America.Virginia dismissed this history and parceled Kentucky out as if it were empty. This language laid the groundwork for legislation like Virginia’s Land Law of 1779, which opened “unpatented lands” in the Kentucky district to Revolutionary War veterans of the Virginia Line, through bounty warrants. This swath of land is the Military District of Kentucky, shown in gray on the map below. Many veterans never came — selling their warrants to speculators — but the district shaped settlement patterns all the same.The Land Law also legalized settlers’ preemption claims—squatters’ rights that gave anyone who had already built a cabin or cleared fields the first chance to buy land.Encouraged by these policies, thousands funneled through the Cumberland Gap along Daniel Boone’s Wilderness Road, transforming the region within a generation.The Dodgy Deal Behind Boone’s RoadBoone became the symbolic scout, but in reality he was on the payroll of the Transylvania Company, a massive speculative land venture of dubious legality. In 1775 its founder, Richard Henderson, tried to buy twenty million acres directly from the Cherokee at Sycamore Shoals, paying with trade goods. Boone, then living in North Carolina, was hired to blaze the Wilderness Road and help build Fort Boonesborough to anchor the claim.But the Royal Proclamation of 1763 forbade private purchases of Indian land, and both Virginia and North Carolina dismissed Henderson’s colony as a usurpation of their authority (the treaty at Sycamore Shoals took place on land that was then part of North Carolina). Congress also refused to recognize it. Virginia eventually voided the purchase, though it granted Henderson and his partners 200,000 acres in Kentucky as a consolation prize, while North Carolina compensated them with land in present-day Tennessee.It was an audacious bit of what people used to call “frontier lawyering”—an illegal land grab dressed up as a colony whose backers walked away with hundreds of thousands of acres. Henderson wasn’t just any dreamer and schemer—he was a North Carolina judge, with the connections and confidence to push further than most men would dare. And if the playbook looks familiar, that’s because versions of it are still making headlines today.Transylvania collapsed as a colony, but Boone wasn’t a shareholder or speculator — he was the hired scout. When Virginia voided the Transylvania Company’s deal, Boone lost ...