ahh, fixed it. (for any1 else with same problem)
Turns Out that when i looked into my File Systems configureation area, that
without reading the descritpion, i had selected YES to support /dev/ file system.
(which is needed in 2.4) but the description says that that is now obsolite in kernel version 2.6 and that it uses some other method to get the /dev/ directory.
so in short, to get the kernel to make a /dev/ directory, tell it not to
lol. maybe that option should be removed from the config options :P