The Regiment was authorized on December 28, 1775 in the Continental Army as the 5th Virginia Regiment. It was assigned on February 27, 1776 to the Southern Department. Organized on February 28, 1776 at Richmond Court House to consist of 10 companies from Lancaster, Richmond, Westmoreland, Spotsylvania, Northampton, Chesterfield, Henrico, Bedford, and Loudoun Counties. Reorganized on November 1, 1777 to consist of 8 companies. Consolidated on May 12, 1779 with the 3rd Virginia Regiment.