[RandallFlagg]

Is this legal?

[NJ_gent]

"Is this legal?"

Laws vary by states regarding so-called "faithless electors". West Virginia has no such law. More information can be found Here

Note that Congress has the power, under 3 U.S.C. 15, to refuse to accept a vote from a faithless elector.

[Lurking Libertarian]

Is this legal?

Yes. Technically, you don't vote for Bush, you vote for electors. The electors vote for President. In 1976, one elector in a state carried by Ford actually voted for Reagan.

[demlosers]

Is this legal?

Yes. The Founding Fathers did not completely trust the electorate.

[Conservative til I die]

As of 2000, in 24 states it is legal to not vote according to the popular vote.

And as a historical note, it has happened in recent history:

2000 - One DC elector abstains from casting her vote, which likely would have gone to Al Gore (notice that Bush won 271-266, not 271-267, as was bandied about in all the election scenarios). This was done as a protest of DC's lack of Congressional representation.

1988 - One WV (interesting, no?) elector cast his vote for Bentsen-Dukakis, rather than Dukakis-Bentsen.

1976 - One WA elector casts his vote for a Ronald Reagan-Bob Dole ticket. Gerald Ford actually won this state.

1972 - One VA elector oddly enough casts his vote for John Hospers of the Libertarian Party, who managed to pull in a cool 0.00% of the popular vote with 3,674 votes. Interestingly enough, Hospers didn't actually receive any votes in VA itself. I can only assume he was not on the ballot. Nixon actually won this state. I just checked and the elector actually became the Libertarian Party presidential candidate in 1976. LOL.

[Republican Wildcat]

It would depend on West Virginia law. Nothing could stop him from doing it, but he could be prosecuted for doing it depending on West Virginia law.