The Virginia Supreme Court struck down the law in 2005 as “unconstitutional government intrusion,” though it remains in the Code of Virginia. The bill now moves to the Senate.That’s from the article.
There was nothing unconstitutional about such statutes.
When the Constitution was ratified such laws were known among the several States that ratified, therefore the right to consent to engage in sex outside of the bounds of marriage (which was common law marriage, not marriage licenses by the government) cannot be among the P&I addressed by A4:S2:C1 nor can they be covered by the 9th Amendment as those were not a right retained among the States at the time of its ratification.
The same is true of any statute against homosexuality.