If you are legally married, you can only file as married-separate or head of household on your federal return. It seems you qualify as head of household since your spouse did not live with you for the last half of the year. In Virginia, you need to choose filing status 1, which is the same as for a single filer, if you filed as head of household on your federal tax return. Your spouse should file as married-separate if he does not qualify as a head household.
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