Boldface (with superscript C) numbers indicate the majority Party in each house. Red (with superscript P) numbers (boldface or not) indicate the Party of the President in any event.
| President | Party | Congress | United States Senate | House of Representatives | |||||
|---|---|---|---|---|---|---|---|---|---|
| Democrat | Republican | other | vacancies | Democrat | Republican | other | |||
| Lincoln | Republican | 38th 1863-1865 | 13 | 34CP | 1 | 22 | |||
38TH CONGRESS- IN GENERAL By the start of the 38th Congress [4 March 1863], 4 more States had seceded from the Union and joined with the 7 States which had seceded by the start of the preceding Congress [4 March 1861] in the Confederate States of America, as follows:
As noted under the header "IN GENERAL" in the footnotes for the preceding Congress, it is the opinion of TheGreenPapers.com that, as the secession of these States was an action taken by legally elected State governments in power at the time, no State which had already seceded from the Union should have their Senators and Congressmen counted as having been elected to the Congress of the United States. In addition, while a few scattered Congressmen would be elected (some of whom were actually seated in the House of Representatives for short periods of time) from areas of the Confederacy subsequently occupied by Union forces in the course of the ensuing Civil War, it is also the opinion of TheGreenPapers.com that no seceded State should be counted as having Senators and Representatives elected to the Congress of the United States until the State in question had been duly readmitted to representation after the Civil War by Act of Congress. Accordingly, as of the start of the 38th Congress [4 March 1863], there are- for purposes of this table- 22 vacancies in the Senate due to the secession of the 11 States of the Confederacy; in addition, there are also 61 vacancies in the House of Representatives due to the secession of these States, as follows:
WEST VIRGINIA was admitted as the 35th State of the Union on 19 June 1863: as this was before the convening of the "long" session of the 38th Congress on 7 December 1863, West Virginia's 2 Senators are counted among those elected to the Senate of the 38th Congress; in addition, West Virginia's 3 Congressmen are counted among those elected to the House of Representatives in that Congress. NEVADA was admitted as the 36th State of the Union on 31 October 1864: as this was well after the convening of the "long" session of the 38th Congress on 7 December 1863, Nevada's 2 Senators are NOT counted among those elected to the Senate of the 38th Congress; neither is Nevada's 1 Congressman counted among those elected to the House of Representatives in that Congress. 38TH CONGRESS- SENATE The SENATE of the 38th Congress included 1 Senator from other than the two Major Parties as elected by his respective State legislature, as follows:
The SENATE of the 38th Congress also included 22 vacancies from the 11 States of the Confederate States of America which had seceded from the Union by the start of that Congress [4 March 1863], as noted under "IN GENERAL" above. The Commonwealth of VIRGINIA had 2 Unionists representing that State in the Senate, one of whom was from the territory soon to become the newly admitted State of WEST VIRGINIA (as noted under "IN GENERAL" above); however, as per the opinion of TheGreenPapers.com as noted under "IN GENERAL" above, the Commonwealth of VIRGINIA having seceded from the Union, these Senators- though they were duly seated and voting- are not counted among those elected to the Senate of the 38th Congress for purposes of this table. The Class 3 Senate seat from MISSOURI (term ending 3 March 1867) was vacated by the expulsion of Senator Waldo P. Johnson from the Senate on 10 January 1862, during the preceding Congress; the Governor of the State appointed Robert Wilson, a Unionist, on 17 January 1862 to fill the vacancy until a successor could be elected by the General Assembly of the State. Senator Wilson continued to serve into the 38th Congress by virtue of this appointment; however, B. Gratz Brown- a Democrat- was elected to fill this seat by the General Assembly of the State on 13 November 1863, before the convening of the "long" session of that Congress on 7 December 1863. Senator Brown is, therefore, counted among the 13 Democrats elected to the Senate of the 38th Congress; Senator Wilson, meanwhile, is not counted among those other (as in "other than the two Major Parties") elected to the Senate of that Congress. | |||||||||
Modified .