Settlers of the Port Phillip District had wanted representation in the New South Wales Legislative Council for some time.

In 1843 a representative for the Town of Melbourne (and five members for the Electoral district of Port Phillip).

[2][4] were elected; "But the colonists were not satisfied with government from and by Sydney".

[5][1] On 1 July 1851, the Port Phillip district (which included Melbourne) was separated from New South Wales under provisions of the Australian Colonies Government Act 1850, and became the Colony of Victoria and the Victorian Legislative Council was created.

[7] As Earl Grey had never set foot in the colony, he did not attend the Legislative Council and his seat was vacated by his absence on 31 October 1850.