James F. Fagan, Thomas C. Hindman and Albert Rust all negotiated directly with Richmond to raise regiments for the Confederate service, rather than volunteer their services to the State of Arkansas. The War Department accepted the offers and assigned the regimental designations of 1st Arkansas Volunteers (Fagan), 2nd Arkansas Volunteers (Hindman) and 3rd Arkansas Volunteers (Rust). The 1st and 3rd Arkansas Regiments organized and armed and reported themselves ready for active service in May 1861, and received orders to report to Lynchburg, Virginia, forthwith. Hindman, however, had problems organizing his companies and obtaining arms, due mostly, I believe, to the fact that the Arkansas State Troops were actively organizing in the same area; though Hindman claimed his problems were political. He didn't get his regiment organized until June, and then had trouble getting orders from the War Department. While waiting around, he decided to expand his regiment into a "legion" by adding Marmaduke's 1st Arkansas Battalion. Hindman's Legion was never accepted by the War Department, so he divested himself of Marmaduke's battalion and reverted to a regiment again. That, briefly, is why there was a State 2nd Arkansas Infantry and a Confederate 2nd Arkansas Infantry at the same time.