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First, the proclamation applied only to areas under Union Army control. By the time of the proclamation, none of the Southern states was fully under Union control, so Lincoln knew the proclamation would (at that time) affect only a small percentage of slaves.

Second, Lincoln knew that the Emancipation Proclamation was not really legal. The Constitution specifically allowed slavery and the President did not have the legal authority to end it. Slavery did not actually become illegal until passage of the 13th Constitutional Amendment shortly at the end of the Civil War.

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