What is the process by which Congress can create a new state?

The process by which Congress can create a new state is through admission via legislation. According to the U.S. Constitution, specifically Article IV, Section 3, Congress has the authority to admit new states into the Union. This process typically involves the proposed state submitting a request for admission, which Congress then reviews and, if deemed appropriate, passes an enabling act that outlines the conditions for statehood. Following this, Congress must also pass legislation to officially admit the state.

This mechanism underscores the role of Congress in overseeing the admission of new states, ensuring that there is a uniform process in place for integrating new states into the United States. Other options, such as approval by the Supreme Court or a referendum by existing states, do not align with the constitutional provisions for state admission. While elections and referendums might play roles in local governance or determining statehood sentiments, they are not part of the formal congressional process for creating new states.