WVC 15 - 1 D- 13
§15-1D-13. Regulations while state military forces on duty.
When any portion of the military forces of this state shall
be in active service of the state, pursuant to this article, the
code of military justice and the general regulations for the
government of the armed forces of the United States shall be
considered in force and regarded as a part of this article until
such forces shall be duly relieved from such duty. No punishment
under such rules and articles which shall extend to the taking of
life shall, in any case, be inflicted except in time of actual
war, invasion, or insurrection, declared by proclamation of the
governor to exist and then only after the approval of the
governor of the sentence inflicting such punishment.