Code of Virginia 1-200 provides:
The common law of England, insofar as it is not repugnant to the principles of the Bill of Rights and Constitution of this Commonwealth, shall continue in full force within the same, and be the rule of decision, except as altered by the General Assembly.
IN RE: v. STRIKWERDA AND ANTELL, 216 Va. 470 - Va: Supreme Court 1975 states:
The English common law, if not repugnant to the Bill of Rights and the Constitution of Virginia, continues in force in this state, except as amended by statute. Code | 1-10 (Repl. Vol. 1973). See Commonwealth Holland, 211 Va. 530, 532, 178 S.E.2d 506, 507 (1971). Under the common law a person is free to adopt any name if it is not done for a fraudulent purpose or in infringement upon the rights of others.
In re Miller, 243 SE 2d 464 - Va: Supreme Court 1978 states:
In reversing the judgments of the trial court, we noted that the English common law is in force in Virginia, except as altered by statutes, and that Code § 8-577.1 did not change the common-law principles to be considered in petitions filed by married women seeking to resume their maiden names.
Under the common law, a person may adopt any name he or she wishes, provided it is not done for a fraudulent purpose or does not infringe upon the rights of others. Although a married woman customarily assumes her husband's surname, there is no statute requiring her to do so.