Although Virginia passed a manumission act in 1782 allowing for the freedom of any slave who had fought in the Revolution, James Armistead remained the property of William Armistead. This was because a 1783 law specifically freed only slaves whose owners had used them as substitutes for army service in exchange for their liberty. This was not the case for Armistead, who had been a spy, not a soldier. However, in 1786, with the support of William Armistead – then a member of the House of Delegates – and a 1784 testimonial as to James Armistead's service under Lafayette, made by the Marquis himself, James petitioned the Virginia Assembly for his freedom. On January 9, 1787, the Assembly granted the petition. At that time, he added "Lafayette" to his name to honor the general.