Actually Fagan wasn't originally intended to command the 1st Arkansas. After Governor Rector famously refused Lincoln's request for troops, L.P. Walker, immediate wrote to Rector on behalf of the Confederate Government at Montgomery and requested that the state provide a regiment for the Confederacy. Rector responded that he could not since the state had not yet seceded, but then asked if the confederate government would accept a regiment raised by T. B. FLOURNOY. Flournoy set about raising the regiment, largely I believe from existing Volunteer Militia Companies, but when regimental elections were conducted, Fagan won the Colonelcy:

The war of the rebellion: a compilation of the official records of the Union and Confederate armies; Series 1 - Volume 1, Page 687

EXECUTIVE OFFICE,
Little Rock, Ark.,
April 22, 1861.
Hon. SIMON CAMERON, Secretary of War, Washington City:

In answer to your requisition for troops from Arkansas to subjugate the Southern States, I have to say that none will be furnished. The demand is only adding insult to injury. The people of this common- wealth are freemen, not slaves, and will defend to the last extremity their honor, lives, and property against Northern mendacity and usur- pation.
RECTOR,
Governor of Arkansas.

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MONTGOMERY,
April 29 1861.
Gov. HENRY M. RECTOR,
Little Rock, Ark.:
SIR:
Your patriotic response to the requisition of the President of the United States for troops to coerce the Confederate States justifies the belief that your people are prepared to unite with us in repelling the common enemy of the South. Virginia needs our aid. I there- fore request you to furnish one regiment of infantry without delay, to rendezvous at Lynchburg, Va. It must consist of ten companies, of not less than sixty-four men each. The regiment will be entitled to one colonel, one lieutenant-colonel, one major, one adjutant from the line of lieutenants, one~ sergeant-major from the enlisted men. Each company is entitled to one captain, one first lieutenant, two second lieutenants, four sergeants, four corporals, and two mnsicians. The officers, except the staff officers, are to be appointed in the manner prescribed by the law of your State. Staff officers are appointed by the President; the term of service not less than twelve months, unless sooner discharged. They will be mustered into the service at Lynch- burg, but transportation and subsistence will be provided from the point of departure. They will furnish their own uniform, but will receive its value in commutation. You have arms and ammunition with which to suppiy them. Answer and say whether you will com- ply with this iequest, and, if so, when. L. P. WALKER. LITTLE ROCK, April 23, 1861. L P. WALKER: You may be assured of the immediate action of Arkansas in joining the Southern Confederacy; but I have no power. I regret, to comply with your request. Our convention assembles on the 6th of May. Then we can and will aid.

RECTOR,
Governor Arkansas.

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LITTLE RocK ARK
L. P. WALKER:
April 23, 1861.

Governor iRector, not being free as yet to send the regiment requested by tho Secretary of War, has placed in the hands of the undersigned the dispatch. "Will the President accept a regiment raised by the under- signed, complying in all other respects with the requisition of the Secre- tary?" Further, the governor has agreed to arm and equip the regiment when rendezvoused at Little Rock Arsenal.
T. B. FLOURNOY, Colonel.
JNO. B. THOMPSON Liet. Col.
W.N. BROUGNAH.
JAS. B. JOHNSON.