In 1861, Lincoln was elected fairly under the U.S. Constitution. U.S. Army officers who chose war against the president of the United States and the Constitution were in rebellion and, by law, traitors. As a professional soldier, Lee resigned, but could he ever go against the oath’s prescription to defend “the United States, paramount to any and all allegiance … to any State,” or “against all enemies or opposer”? In my opinion, no. Not legally or ethically. And of course, fighting for slavery meant it was morally wrong too.
