Nope.
There was an overlap of several days after Lee accepted a commission from Virginia and before he was released from his oath to the U.S. And he was paid for those days.
He was very much guilty of treason.
It's in the record. You can't wish it away.
Walt
Mail delay. You going to hang him for that? Oh, not literally -- but Wlat, you've hanged every Southerner who ever drew breath five times over on Free Republic, so quit talking to me about mercy. You're tendentious and vindictive, and that is in the Record! Smoke that, Wlat!