Although Virginia passed a manumission act in 1782 allowing for the freedom of any slave by his or her owner, James Armistead remained the property of william Armistead. This was because a 1783 law specifically only freed slaves whose owners had used them as substitutes for army Service in exchange for their liberty. This was not the case for Armistead due to being a spy and not a soldier. However, in 1786, with the support of william Armistead – then a member of the House of Delegates – and a 1784 testimonial of his Service from the Marquis de Lafayette, James petitioned the Virginia Assembly for his freedom. On January 9, 1787, the Assembly granted the petition. At that time, he chose to add "Lafayette" to his name to honor the general.