§15-4-1. Governor authorized to organize and maintain West
Virginia state guard.
Whenever any part of the national guard of this state is in
active federal service, the governor is hereby authorized to
organize and maintain within this state during such period, under
such regulations as the secretary of defense of the United States
may prescribe for discipline in training, such military forces as
the governor may deem necessary to defend this state. Such
forces shall be composed of officers commissioned or assigned,
and such able-bodied male citizens of the state as shall
volunteer for service therein, supplemented, if necessary, by men
of the reserve militia enrolled by draft or otherwise as provided
by law. Such forces shall be additional to and distinct from the
national guard and shall be known as the "West Virginia state
guard": Provided, That any funds appropriated by the Legislature
to the adjutant general for the organization, administration,
training and supply of the organized militia may be expended for
such purposes with respect to the West Virginia state guard.
Such forces shall be uniformed.