The funny part is that all states can divide into multiple states without limit, so long as the Congress and the state consents. Texas is the only state limited to only five.

It comes from the 1845 Texas Annexation Resolution in a clause that is focused on where slavery would be illegal. Some argue that Texas’s relinquishing its vast claims to the west and north, and its secession, and the abolishment of slavery all make this clause obsolete. Others argue it is still law and gives Texas the right to split off new states without congressional consent. There are yet other arguments about it.

Whatever the case, if Texas actually tried to make new states without congressional approval it would probably cause a major political crisis. I mean how would it even work? Texas would tell Congress “hey, we’ve made 4 new states and here are the 8 new senators and you have to apportion house districts to the new states and OG Texas”. Seems like congressional consent would be required no matter what.

It would probably up in the Supreme Court. Normally I’d say it probably wouldn’t survive in court, but with this court who knows. Would still be a major crisis.