W. Va. Code § 15-1B-1

The National Guard shall be organized, equipped, disciplined, governed, administered and trained in accordance with the laws and regulations of the federal government for the purpose of organization and governance of the same, and for that purpose, the Governor is authorized to organize, reorganize or disband any unit, headquarters or staff therein, to increase or decrease the number of officers and noncommissioned officers and the strength of the National Guard or any unit thereof: Provided, however, That the Governor shall not be required to consent to the organization of any forces required or withdrawal of units organized in the state unless he deems the same in the best interest of the state. The Governor, in case of war, insurrection, invasion or imminent danger thereof, shall have the power to increase the National Guard and organize additional units thereof, though the same are not authorized or provided for by federal laws or regulations.