The index cards are correct, showing the date of rank for John McGee as Jr. 2nd Lieutenant as June 26, 1862. The position became vacant on that date, McGee being elected several weeks later. A pay receipt shows that he received pay as Lieutenant from Aug. 9, 1862. He should have been due pay at this rank from June 26th. He was promoted 2nd Lieutenant to rank from Jan. 16, 1863.
During the Battle of Sharpsburg MD, some Confederate regiments did not muster fifty officers and men on the field. Twenty-one enlisted men would be a respectable number for a company.