In 1779 the General Assembly of the Commonwealth of Virginia enacted a statute that authorized the sale of otherwise unowned land to private buyers.

The act held that anyone who deposits 40 pounds into the state treasury is entitled to 100 acres (0.40 km2) of land West of the Ohio River.

In April 1783 Wilson entered a claim and survey for 40,926 acres (165.62 km2) which included Mason's 8,400-acre (34 km2) plat.

By the time the Supreme Court heard the case, the land was no longer in Virginia, but was now part of Kentucky.

Also, the statutes at issue were passed by the Virginia Legislature prior to the ratification of the United States Constitution.