In the aftermath of the Civil War, the Commonwealth of Virginia passed a new constitution, popularly called the Underwood Constitution after the president of the state constitutional convention, John Curtiss Underwood (1809-1873). The new constitution mandated a "uniform system of public free schools," and encouraged its introduction in all counties of Virginia as soon as possible. Though the Underwood Constitution was reviled by many in Virginia as "carpet bag" legislation, the mandate led to significant progress in the education of the citizens of Virginia. The constitution established the office of the State Superintendent of Public Instruction to oversee county management of schools. Part of the office's oversight included a requirement that teachers fill out and maintain a register for each school. The registers included the names of students, their attendance, a record of visitors to the schools, brief descriptions of the schools, and lists of text books used.

The new constitution did not end the segregation of schools in Virginia, though that had been one of the goals of Underwood. In Loudoun County, most schools for white children were given identifying numbers, while schools for African Americans were given letters.