The Confederate and United States processes for appointment, nomination and confirmation of general officers were essentially the same. The military laws of the United States required that a person be nominated as a general officer by the president and be confirmed by the Senate and that his commission be signed and sealed by the president.
Despite legal interpretations that would preclude posthumous confirmation of appointments or delivery of commissions, the U.S. Senate and the Confederate Senate confirmed a few appointments of officers known to be dead and did not recall or revoke a few other confirmed appointments for officers who had recently died or died before receiving their commissions. No brevet appointments were made in the Confederate States Army but twenty acting or temporary general officers were authorized by and appointed under Confederate States law. At least one State militia (Virginia) had at least one brevet general (Francis Henney Smith).
Although not as prevalent as in the Union Army, some dates of rank in the Confederate States Army were before the date of appointment or commission. Under an Act of September 1, 1861, the Confederate Congress permitted Confederate President Jefferson Davis to make recess appointments and nominations subject to Confederate Senate confirmation during the next term. Confederate Senate confirmation of general officer appointments was usually prompt early in the war but often was delayed in the last two years of the war.
Details concerning Confederate officers who were appointed to duty as generals late in the war by General E. Kirby Smith in the Confederate Trans-Mississippi Department, who have been thought of generals and exercised command as generals but who were not duly appointment and confirmed or commissioned, and State militia generals who had field commands in certain actions in their home states but were never given appointments or commissions in the Confederate States Army are in the List of American Civil War generals (Acting Confederate). Not all colonels or lower ranking officers who exercised brigade or division command at any time are in this list but those most often erroneously referred to as generals are in the list. A few acting or temporary Confederate generals were duly appointed and confirmed as such. The full entries for these officers are in this list.