About a month after Virginia's surrender at Appomattox Courthouse, on May 8, 1865, Stuart chaired a mass meeting in Staunton, which adopted resolutions asking the U.S. Army's protection and declaring the populace not in rebellion. Stuart also took oaths of allegiance to the United States and to the loyal government of Virginia. Because he had never held Confederate office, Stuart was eligible for election and was again elected U.S. Representative in 1865. However, despite presenting credentials as a member-elect to the 39th Congress in 1865, he was denied a seat as were other newly-elected Southern delegates, because Virginia was not yet readmitted to the Union, pending its adoption of a new state constitution outlawing slavery, among other measures.