I understand. In Pvt Browns case that incisent occurred Before the official referendum vote which made the secession of Virginia law.

However that was not the case with Captain John Quincy Marr of Company "K" 17th Virginia at the Battle/Skirmish of Fairfax June 1st, 1861.

http://www.fairfaxrifles.org/marr.html

So what is the difference in the deaths at Big Bethel and this one except the size of the forces involved? I would think this engagement would meet your perimeters since it was organized Confederates and not civilians against a Union Force.