The origins of the 3rd Arkansas Infantry are interesting and unusual. Albert Rust and Van Manning (and another man, whose name escapes me at the moment) traveled to Montgomery, Alabama, prior to the secession of Arkansas, to meet with the new Confederate government for the purpose of getting authority to raise a regiment of Arkansas troops. As I said, Arkansas had not yet seceded, and I can find no record that Rust ever approached the Governor with his proposal before going to Montgomery. Even so, Rust's delegation received assurances that their proposed regiment would be accepted into the Provisional Army for service in Virginia. In no time flat, they had ten companies recruited and ready to go, with an eleventh company in the works. Rust and his friends obviously felt certain that Arkansas would shortly secede.

I wonder if Fagan had done essentially the same thing as Rust? His regiment was off and running to Virginia before the ink on the secession proclamation was dry. I also wonder if the same circumstance applies to Hindman?