After his release, Davis was elected to the Virginia Senate, and served from 1869 to 1871, when he was succeeded by fellow Confederate veteran Abner W. C. Nowlin. The following year Davis ran as a Democrat for the United States House of Representatives. He was elected to the U.S. House of Representatives with 50.55% of the vote, defeating Republican Christopher Yancy Thomas. However, Thomas successfully contested the result and was seated in March 1874. Afterward, Davis resumed practicing law in Independence, Virginia