The confusion may have come about due to the creation of junior and senior reserves by Congress. The law required that reserves serve within the limits of their home state, and they were often called state reserves. To further complicate matters, the new militia law in Alabama created 1st Class Militia, also known as County Reserves. Each of the counties along the state line organized 1st Class County Reserve companies along old militia beat lines.

The War Department instructed state commandants like General Withers to see that Confederate reserves organized according to the law of Feb. 17, 1864. O.R. Series IV includes interesting correspondence on this subject between state governors and the War Department. Governor Watts wanted to retain "boy" companies raised prior to passage of the law, but his arguments were rejected. Companies that carried junior and senior reserves or exempts on roll were also rejected. Captains were required to 'segregate' one class of reserves from another, remove the exempts and reorganize according to the law.

It's interesting but not unusual that Breare himself was absent from his actual company in Virginia. Aside from that, we know little more about Breare's command. The few men supposed to have served with him along the Alabama border appear to have been junior reserves, senior reserves and/or exempts. Other than his office as lieutenant of Co. "E", 15th Alabama Regt., I can't confirm any commission for Breare to exercize military command under state or Confederate authority.