CHARLESTON -- The West Virginia State Supreme Court declined a challenge Thursday that asserted lawmakers violated the state constitution by voting to give themselves a pay increase during the legislative session.

The five justices unanimously rejected Republican gubernatorial candidate Russ Weeks' argument that the constitution blocks officials from receiving a pay raise during their terms.

"This is totally unbelievable," Weeks told The Associated Press. "I don't see how in the world they can turn this down with them having established their own precedent."

Weeks was referring to a decision by the court in 1999 to deny a seat to lawmaker Bob Kiss, who had been appointed to fill a vacancy on the court by Gov. Cecil Underwood. The court ruled Kiss could not fill the post because it would amount to him benefiting from a vote he cast that year to raise justices' pay.

The lawsuit came after a bill passed earlier this year in which lawmakers gave themselves a $5,000 pay increase beginning in 2009, which would raise their salaries to $20,000 annually. They also increased their expense payments by $16 a day. The expense provision was made retroactive to January.

The average annual salary for a state legislature with a session length and workload comparable to West Virginia's, which is considered part time, was $33,501 in 2007, according to figures compiled by the National Conference for State Legislatures. Per diem payments in those states averaged $121.

The order issued by the court Thursday was terse, with no explanation given for its denial of the petition.

Weeks plans to review his options with his lawyer, former South Charleston Mayor Richie Robb.

Democratic Gov. Joe Manchin, who signed the bill into law, was named as a defendant. Manchin's spokeswoman, Lara Ramsburg, said Manchin is pleased by the ruling, but always felt it was a legislative matter and that he shouldn't have been included as a defendant.

Legislative leaders also welcomed the court's decision.

"By rejecting this petition, which was brought by a candidate for statewide political office, the state Supreme Court is validating what was a legal, appropriate measure: the first pay raise for legislators in 14 years," House Speaker Rick Thompson, D-Wayne, said.

Senate President Earl Ray Tomblin, D-Logan, though, was very pleased with the court's decision, according to administrative assistant Raamie Barker.

Manchin and Weeks are opponents in this year's gubernatorial contest, with Manchin having a significant edge in name recognition and fundraising, having raised $2.4 million in his re-election bid to Weeks' $7,460.

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Associated Press Writer Lawrence Messina contributed to this report.

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