Dakota Territory had to begin the process of statehood by applying to Congress. Many people thought it would be admitted as the state of Dakota instead of being split into North and South. Many factors led to the division including an increase in population of both sections of the territory and political disputes about the location of a capital. The southern portion of the territory considered itself more cosmopolitan while regarding the northern portion to be the home of “wild folks, cowboys, and fur traders.” UND history professor Kimberly Porter observed, “The south half did not like the north half.” It is safe to say that the northern half didn’t much like the southern half either.
The naming of the new states was also a source of contention. The southern portion wanted to claim the name Dakota and suggested the northern portion be called either Pembina or Lincoln. The name of Dakota had already become a trademark of sorts for quality agricultural products, much like Florida orange juice or California raisins. The northern portion of the territory was equally determined to claim the name. In the end, the compromise resulted in North and South Dakota.
The first step in the process was for the territory to apply for statehood. The matter was then in the hands of Congress. On this date in 1886, Congress enacted the Enabling Act. This gives the territory approval to call a convention in order to draft a constitution. The proposed constitution must be by the passed by the state’s voting citizens, and it must be in compliance with the United States Constitution in order to earn the authorization of Congress. Once it is ratified, it is submitted to Congress for approval. Both the House and the Senate must give consent for statehood by a simple majority vote. If it is approved by both houses of Congress, the President signs a joint resolution and the territory is recognized as a state.
There is no time limit on the process of becoming a state. Utah requested statehood eight times over the course of fifty years before officially becoming a state. North Dakota’s statehood moved quite rapidly, taking less than four years from the Enabling Act to the time President Harrison signed the papers recognizing the new state.
Dakota Datebook by Dr. Carole Butcher
Sources:
- Legal Clarity. “How Does a New State Become a State?” https://legalclarity.org/how-does-a-new-state-become-a-state/Accessed 12/10/2025.
- US Constitution.net. “Article 4, Section 3.” https://www.usconstitution.net/xconst_a4sec3-html/Accessed 1/2/2025.
- Time. “Now You Know: Why Are There Two Dakotas?” https://time.com/4377423/dakota-north-south-history-two/Accessed 12/11/2025.
