David,
As best as I can determine, this other persons argument is that if Virginia could have legally left the Union, then Arlington would be in a foreign country and would not be subject to the 5th. Since secession is illegal(their opinion) Arlington was returned to the Lee's under the 5th Adm.
My position is regardless of Virginia's status, foreign or state, Lincoln made war against the citizens of a state or foreign country. Therefore the US government had no right to seize private lands. How did this work say in WWI Or WWII???
Your opinions?????