She was one of 13 frigates authorized by the Continental Congress on 13 December 1775, laid down in 1776 at Fells Point, Maryland, by George Wells, launched that August, and commissioned in the spring of 1777, Captain James Nicholson in command.

The newly commissioned frigate's first orders directed her to attempt a run through the strong British naval blockade at the mouth of Chesapeake Bay and then if successful, to head south to the West Indies and cruise in search of English merchantmen.

These successive failures frustrated Virginia's restive crew, and many deserted to join the numerous privateers scattered about the wharves of nearby Baltimore.

New recruits were finally procured through the auspices of the Maritime Committee of the Continental Congress, enabling Virginia to attempt another run past the blockade in mid-January.

During this time, Barney was dispatched to York, Pennsylvania, to explain Virginia's predicament to the Maritime Committee; and he returned in March with orders to make another attempt to get by the British as soon as possible.

Awaiting Barney upon his arrival back in Baltimore were a letter of thanks from the Royal Navy for his kind treatment of Dolphin's prisoners and a large English cheese.

At dawn, lookouts spotted Emerald and her fellow frigate Conqueror approaching from seaward though Virginia's guns remained undamaged, Capt.