 Dawes countered this report with statements Kitchen had given regarding entire counties that had been under rebel control and did not hold elections.Dawes also noted that while Berkeley County had legally been part of Virginia on the day of the election, the county was in the process of being transferred to West Virginia and its votes for Kitchen did not represent the majority of Virginia's 7th District.Therefore, the House passed the committee's resolution that Kitchen was not entitled to a seat, but also dismissed McKenzie's claim.