The Freedom of Information Act applies to "any writing containing information relating to the conduct of the public's business, prepared, owned and retained by a public body." W. Va. Code § 29B-1-2(4).
What constitutes a meeting was extensively addressed by the West Virginia Supreme Court of Appeals in McComas v. Fayette County Board of Education, 197 W. Va. 88, 475 S.E.2d 280 (1996). In that case, persons opposed to a county plan for school consolidations challenged a gathering of four of the five members of the county board of education.
The FOIA was amended in 2001 to make "any custodian of any public records who willfully violates the provision of [FOIA] may be charged with a misdemeanor and upon conviction the custodian may be fined not less than two hundred dollars nor more than one thousand dollars or be imprisoned for more than twenty days, or both. W. Va. Code § 29B-1-6.