It can't be both ways, either he freed the slaves or he didn't."
George,
It can be both ways and it was both ways. I agree with you that he did not have the power to free slaves in states that were not in rebellion, but he was free to declare the slaves in the states or parts of states still in rebellion. West Virginia was not a factor, they were not in rebellion. Before the end of 1865 slavery was ended in the US. I think New Jersey might have had some until sometime in 1866.
Lincoln acted in accordance to law and did not do anything against the constitution in doing what he did.

The Emancipation Proclamation consists of two executive orders issued by United States President Abraham Lincoln during the American Civil War. The first one, issued September 22, 1862, declared the freedom of all slaves in any state of the Confederate States of America that did not return to Union control by January 1, 1863. The second order, issued January 1, 1863, named the specific states where it applied.
The Emancipation Proclamation was widely attacked at the time as freeing only the slaves over which the Union had no power. In practice, it committed the Union to ending slavery, which was a controversial decision even in the North. Lincoln issued the Executive Order by his authority as "Commander in Chief of the Army and Navy" under Article II, section 2 of the United States Constitution.
The proclamation did not free any slaves of the border states (Kentucky, Missouri, Maryland, Delaware, and West Virginia), or any southern state (or part of a state) already under Union control.[

Come on Frank you are talking out of both sides of your mounth now. Either he freed the slaves or he didn't. I'll tell you what I'll let you have it your way, darn good point. Thank you. That makes the 13th admnedment necessary to free the slaves in the North.

GP