On November 10, 1983, as Wilkinson briefly returned to teach at the University of Virginia School of Law as a full professor, President Ronald Reagan nominated him to the United States Court of Appeals for the Fourth Circuit seat vacated by retiring Judge John D. Butzner Jr.. Despite some controversy and after hearings on November 16, 1983, and February 22, 1984, the United States Senate confirmed Wilkinson on August 9, 1984, by a vote of 58–39. He received his commission on August 13, 1984.