 On September 1, 1862, following his exchange, he was commissioned brigadier general of Kentucky volunteers, and commanded the Kentucky state troops.He saw action in a series of small engagements—Shepherdsville, Lebanon Junction, and Lawrenceburg, for which he was brevetted as a colonel in the Regular Army.He received his commission as brigadier general of U. S. volunteers on October 20, 1862, and commanded a division.