On December 23, 1863, runner-up Lewis McKenzie contested the election on the grounds that a majority (730) of Kitchen's votes had come from Berkeley County, Virginia, which simultaneously voted to join the new state of West Virginia on May 28, 1863. In the other counties that remained in the 7th District, Kitchen only received 232 votes. McKenzie argued that Berkeley County votes should be ineligible in Virginia's 7th District election because Berkeley County was no longer in the 7th District or the state of Virginia. McKenzie also alleged misconduct in reporting Berkeley County's election results. Since the Berkeley County clerk's office had been vacated due to the war, Berkeley County polling commissioners had instead reported election results to the county clerk in Alexandria, Virginia, the seat of the Restored Government of Virginia.