All Perfectly Legal.

Apparently not.

So why isn't this?

I am not sure, but I think it had to do with the way the proposition was put in the Ballot.

Per court documents, Virginia Democrats advanced the proposal during the 2024 Special Session of the General Assembly " however, there are strict rules as to what kind of legislation can be considered during these types of sessions. Democrats reportedly violated those rules. As a result, any actions taken to advance the plan would be deemed illegal.

Further, Virginia's constitution dictates that a constitutional amendment like this one is supposed to be passed by two different General Assemblies " with a general election taking place in between " before it is passed down to voters. This did not happen, per the judge.