They are born subjects of no government or country; and their consent to its laws must either be derived from express acknowledgment, or by the tacit implication of the fact that the protection of the State has been accepted.

But no one is bound until he has shown by the rule of his mature conduct that he considers himself a common subject with his fellows.

Consent implies an act of will and we must have evidence to infer its presence before the rule of subjection can be applied.
We have thus the State, though the method of its organization is not yet outlined.

For Locke there is a difference, though he did not explicitly describe its nature, between State and Government.

Indeed he sometimes approximates, without ever formally adopting, the attitude of Pufendorf, his great German contemporary, where government is derived from a secondary contract dependent upon the original institution of civil society.