According to Wallace's Guide to Va Military Organizations, 1861-1865, the Flat Top Copperheads, under Capt. Robert B. Foley, according to Federal reports,"was a company of 'bushwackers' operating in the area of the counties of Raleigh and Mercer, in May and July 1862. Lt. Col. R.B. Hayes, 23rd Regt. Ohio Vol. Inf., reported in May 1862 that he had heard Capt. Foley had died of wounds. No record of this company has been found reported by Confederate authorities. It ws probably a company of home guards or militia." Early in the war, Foley commanded F/151st Va. Militia, which was in service 22 August to 13 October 1861.

If the ABOVE is correct I come up with some rather quick questions. It would appear to me that after Foley was killed in MAY that his men would have disbanded.

Why is there a month with no known Flat Top Copperheads in action for the month of JUNE and then action is reported in JULY?

Who was in command for the month of JULY?

Within the following list I have several ancestors:

Civil War
Flat Top Copperheads
151st Virginia Militia

Confederate Unit
Captain Richard B. Foley
Organized in Mercer Co, 21 August 21, 1861

This roster was compiled 28 March 1862, and was headed by the oath taken by Foley's men:
"We the undersigned do hereby constitute overselves into a company of guerrillas, known by the names of Flattop Copperheads, for the porpose of defending our immediate country, and western Va., against the invasion of the Yankeys. We bind our selves by every obligation of honor and patternage, to obey the command of our officers, and to be true and faithful to the Confederate States of America, and to be true to our selves and families, and serve for the during term of six months except sooner discharged. March 28th 1862."

R. B. Foley, captain
Jeremiah Hylton, first lieutenant
B. M. P. Foley, second lieutenant
Wm. J. S. Swinney, third lieutenant *** (William Swinney) *****

PRIVATES
George W, Dillon
John W. Stovall
G. S, Halstead
A. L. Goad
Hiram Farley
Wm. Shuck
Thomas Cole
James Clark
Jessey McBride
Nelson Farley
Asa Anderson
Green M. Swinney *****
Jacob A. Peck *****
Augustus Maxey
Anderson Boling
John Farley
Andrew J. Bailey
Ervin H. Bailey
Daniel Strong
G. W. P. Miller
Daniel Glowers
Martin N. Swinney *****
Osher F. Prince
Preston Maxey
U. C. Reed
Edgar Maxey
Wm. Shrewbury
Marshal Mullens
Squire Mullens
Irah McKinney
James M. Cooper
Silas Hatcher *****
George Hylton *****
David Knzer
James N. Sneed
Joseph Hopkins
Wm. Duncan
James Boling
Peter Morrell
Andrew Hedrick
James A. Brammer
Samuel J. Leedy
Charles T. Foley
David M. Hutchison
John A. Hutchison
Henry C. Trump
William A. Trump
John A. Burgess
Roland Mills
Pleasant Lilly *****
John Lilly
Green Lilly
James A. Clyburn
Thompson L Walker
Andrew Roles *****
John D. Godfrey
Josiah Cook (?)
Joseph Daniel
Huston Farmer (?)
Henry McMillion
John (?)
Daniel O'Niel *****
James Miller
Joel Sloan
Francis M. Peterson (?)
David Mills, substitute
Wm. Trump
Thomas Stickelman
P. G. Trump
John N. Shumate
Joel Daniel
James T. Coleman
Hugh J. Lilly
Hiram A. Reed
John C. Reed

Those names followed by "stars" are in one way or another connected to my ancestors. The three Swinney brothers had another brother who also fought during the Civil War, and all brothers survived. It is the William Swinney that is noted by historians Smith and Riffe was being the leader of the Flat Top Copperheads. If this is correct, again, I assume it might be after the death of Foley. Thanks - Jim