W. Va. Const. art. VI, § 35
The State of West Virginia shall never be made defendant in any court of law or equity, except the State of West Virginia, including any subdivision thereof, or any municipality therein, or any officer, agent, or employee thereof, may be made defendant in any garnishment or attachment proceeding, as garnishee or suggestee.
[Editor’s note. – The amendment of this section was proposed by House Joint Resolution No. 3, Acts, Regular Session, 1935, p. 662; submitted by Acts, Regular Session, 1935, c. 23; and ratified November 3, 1936. The amendment added the exception to this section.]