 In July/October 1862 he recruited and organized a brigade of four regiments, known as Spinola's Empire Brigade.Spinola assumed command of the New York "Excelsior Brigade" (the Second Brigade, Second Division, Third Army Corps), on July 11, 1863, following the Battle of Gettysburg as the Army of the Potomac strove to fill open command slots created by battle casualties.Spinola's brigade led the Union troops on July 23 at the Battle of Wapping Heights in Linden, Virginia, suffering 18 men killed, including two officers.