An attempt to contract for an illegal purpose—to commit a murder or other crime or to facilitate an illegal objective (a promissory note for the purchase of illegal drugs)—is unenforceable and does not create a contract. A purported contract that is found to be for an illegal purpose is void and treated as if it never existed.
In West Virginia, as in all states, a contract that is created for an illegal purpose is considered void and unenforceable. This means that if a contract's objective is to commit a crime, such as murder, or to facilitate an illegal activity, such as the purchase of illegal drugs, the law treats the contract as if it never existed. The courts will not enforce any terms of the contract, and parties involved in such an agreement cannot seek legal remedies to enforce it. This principle is rooted in the public policy consideration that the law should not be used to promote or condone illegal activities. Therefore, any agreement made with the intent of carrying out illegal actions is not recognized as a valid contract under West Virginia law.