Companies in state service were almost entirely AVC companies that had organized, trained and received arms from the state during 1860. During the secession convention in early January, Governor Moore reported to the legislaure that eighty-five AVC companies had organized. Of these seventy-five had been armed by the state, most with newly-purchased weaponry acquired in Massachusetts. Obviously there was no Confederate government during much of this time, and Governor Moore did not turn state units over to the Confederate service until April.

Also, the Alabama state constitution was rewritten after secession, and again after Alabama joined the Confederacy. Companies that retained their organization from the period before secession until April 1861 had to reorganize under both new constitutions.

Bear in mind that the 2nd and 5th Alabama Regiments did not exist until april and May of 1861.