According to the author Lee A. Casey, (who no doubt charges in 10 minute increments for his “valuable time” as a partner at Baker Hostetler ) in 1846, Virginia “retroceded” Old Town Alexandria and Arlington County portions of the district, and “constitutionality of this act has never been determined.”

A Virginia taxpayer challenged the action. Tax rates were then more favorable in the District. His suit (Phillips v. Payne ((1875)) was dismissed for “lack of standing.” (Sound familiar?)

The Court, according to Casey, called the plaintiff’s suit an attempt to "vicariously raise a question.” Neither Virginia nor the Feds "desire[d] to make” such a controversy.