Fort Sumter was built with several appropriation acts starting in 1829 from the Congress of the United States. It is unclear whether the State of South Carolina had contributed any funding for the Construction of Fort Sumter or the man made island it was built on.

However, as of Lincoln's election Fort Sumter was at that time not complete and had not been accepted into service, by the federal Government, as a part of the United States National defensive system of Charleston. In other words it was not United States Property since the United States had not taken ownership of that property from the builders.

Since the Fort was still under construction it was not a military installation at the time of Major Anderson occupation of the Fort on December 26th, 1860. Major Anderson's occupation of the Fort changed the military situation in Charleston Harbor in violation of agreements reached between Governor Pickens and President Buchanan December 11th, 1860.