Representatives of the 13 settlements in Texas met at San Felipe de Austin, the headquarters of Austin's colony, in November of 1835 to form a provisional government.

The council stopped short of declaring independence from Mexico, but instead, they declared allegiance to the 1824 Mexican Constitution.

This was a wise move intended to clearly express their desire for basic rights, but at the same time, hopefully, avoid war, which many felt they were unprepared for.  They were willing to remain part of Mexico as long as they enjoyed the rights of the 1824 constitution.

To make people aware of Santa Anna's disregard for the constitution, and their support for it, this variation of the Mexican flag was made. The Mexican emblem in the center of the flag was replaced by the date "1824".

This flag sent a clear and strong message to Mexico, and Santa Anna. The flag was a bold act of defiance against the Mexican dictator.

This was the flag which flew over the Texans at the Battle of the Alamo.