 After surrendering at Appomattox Court House, he was paroled at Winchester on May 30, 1865, and received a presidential pardon on August 19, 1865.After the war, James Keith resumed his law studies under John M. Forbes, a prominent lawyer in Warrenton.Fauquier County voters elected Keith to the Virginia House of Delegates in 1869 and he served in the session of 1869—70.