You are confusing death with vacancy. Dead is dead, but vacancy is another matter. It may turn out to be the same as death, but could also be something else depending upon statute and case law. Reality and the law are not always congruent.
"In 34 states, the governor makes an appointment to fill a U.S. Senate vacancy until the next regularly-scheduled general election. At that point, a candidate is elected and serves for the remainder of the unexpired term, if any. Table 1 lists the states where the governor appoints a U.S. Senate vacancy replacement."
WV is on that list;
http://www.cga.ct.gov/2009/rpt/2009-R-0018.htm
If they break the law, it will be more ammunition to be fired in the next elections.