The merged colony had not theretofore had a responsible government, and its executive power was only its governor, who at the time of its Legislative Assembly's founding was Frederick Seymour.
There were three groups of members: five senior officials of the colony who constituted its executive council; nine magistrates (some of whom had been elevated to that post to please Whitehall); and nine elected members (who represented two seats in Victoria, one in Greater Victoria or "Victoria District", New Westminster, Columbia River and Kootenay, Nanaimo, Yale and Lytton, Lillooet, and Cariboo).
At the time of the council's creation, its members were: Elected members were actually appointed by the governor and not mandated by their election, but appointed "in deference to the wishes of the people".
George Wallace, the representative for Yale and Lytton, resigned his seat before the first session and a by-election was held which selected F.J. Barnard as his replacement.
Other members included: The council was abolished in 1871 when British Columbia became a province.