Context for Record Type: Sometimes referred to as "Applications to Remain," these records are applications that formerly enslaved individuals submitted to state and local courts for permission to remain in Virginia with their free status. The Virginia General Assembly passed a law stating that all formerly enslaved people freed after 1 May 1806 who remained in Virginia more than twelve months could be put on trial by the state. Individuals who wished to remain in the commonwealth were to petition the state legislature. In 1816, a new Act of Assembly gave the local courts power to grant permission to remain. The documents in these cases will include: the name(s) of the petitioner(s), the circumstances of free status, and a request to remain in the county. Individuals needed to prove that they had in fact been emancipated. Therefore, application packets might also include supporting documents such as the formerly enslaved person's register, a copy of a will or deed of emancipation, or witness statements known as affidavits.

Locality History: Accomack County was named for the Accomac Indians, who lived on the Eastern Shore at the time of the first English settlement in Virginia. The word means "on-the-other-side-of-water place" or "across the water." It was one of the original eight shires, or counties, first enumerated in 1634 and spelled Accomac without the k. The county's name was changed to Northampton County in 1643. The present county was formed from Northampton about 1663. In October 1670, the General Assembly temporarily reunited Accomack and Northampton Counties as Northampton County. In November 1673, Accomack County was again separated from Northampton. In early records, the county's name was spelled many ways. In 1940 the General Assembly adopted the present spelling, Accomack. The county gained a small part of the southern end of Smith's Island from Somerset County, Maryland, in 1879, after the United States had approved boundary changes between Virginia and Maryland that had been agreed to in 1877. The county seat is Accomac.

Lost Locality Note: A significant number of loose records from the 1700s suffered extreme water and pest damage. Volumes that record deeds, court orders, and wills exist.