W. Va. Const. art. III, § 13
In suits at common law, where the value in controversy exceeds twenty dollars exclusive of interest and costs, the right of trial by jury, if required by either party, shall be preserved; and in such suit in a court of limited jurisdiction a jury shall consist of six persons. No fact tried by a jury shall be otherwise reexamined in any case than according to the rule of court or law.
[Editor’s note. – The first amendment of this section was proposed by Joint Resolution No. 11, Acts, Regular Session, 1879, p. 182; submitted by Acts, Regular Session, 1879, c. 50; and ratified October 12, 1880. This section, prior to its amendment, read: “In suits at common law, where the value in controversy, exclusive of interest and costs, exceeds twenty dollars, the right of trial by a jury of twelve men, if required by either party, shall be preserved; except that in appeals from judgments of justices, a jury of a less number may be authorized by law; but in trials of civil cases before a justice no jury shall be allowed and no fact tried by a jury shall in any case, be otherwise reexamined than according to the rules of common law.” The second amendment of this section was proposed by Senate Joint Resolution No. 6, Acts, Regular Session, 1974, p. 946; and ratified November 5, 1974. This section, prior to its amendment, read: “In suits at common law, where the value in controversy exceeds twenty dollars exclusive of interest and costs, the right of trial by jury, if required by either party, shall be preserved; and in such suit before a justice a jury may consist of six persons. No fact tried by a jury shall be otherwise reexamined in any case than according to the rules of the common law.” This section was amended to read as set out above.]