Shawn,
Take a close look at the post; the flag of the 5th Virginia was never actually captured. I guess one could say it was just temporarily misplaced. That reminds me of the 8th Florida's flag at Gettysburg -- a Union soldier coming up from the rear after the fighting was over found it lying on the ground and took possession, which technically was a capture, but not something he could boast about. In that fight the 8th's color guard had all been killed or wounded by another Federal unit which failed to notice the flag as it passed by.