 Hamilton, after consulting with Madison, informed the Convention that this would not be accepted by Congress.After ratification by the ninth state, New Hampshire, followed shortly by Virginia, it was clear the Constitution would go into effect with or without New York as a member of the Union.In a compromise, the New York Convention proposed to ratify with in confidence that the states would call for new amendments using the convention procedure in Article V, rather than making this a condition of ratification by New York.