His younger brother Jesse Spinner Burks (1823-1885), who had followed him to Washington College but switched to nearby Virginia Military Institute for graduation, had won election to the Virginia House of Delegates in 1853 and served a term in that part-time position alongside William W. Reese before becoming a captain of the county militia, in addition to operating his own plantation. In 1859 Bedford County voters elected Edward Burks as one of their delegates, and he would win re-election and continue as a legislator and local lawyer during the conflict. Edward Burks did not have a physique strong enough for military service, and initially opposed secession, but drafted the resolution adopted in Bedford County on March 29, 1861, recommending secession. On July 15, 1861 J.S. Burks assumed command of the 42nd Virginia Infantry and after the First Battle of Manassas, received a promotion to command the 6th Brigade of the Army of Northern Virginia before becoming disabled in the First Battle of Kernstown and resigning in July 1862 before the Second Battle of Manassas.