Because of the 183 day requirement, Virginia appears to do things a little differently from other states.
Generally, in most states, residency is based on your domicile. Your domicile - the place that is your permanent home and where you plan to return - is New York.
However, the definition of a "resident" in the VA state code for tax states
" "Resident" applies only to natural persons and includes, for the purpose of determining liability for the taxes imposed by this chapter upon the income of any taxable year every person domiciled in Virginia at any time during the taxable year and every other person who, for an aggregate of more than 183 days of the taxable year, maintained his place of abode within Virginia, whether domiciled in Virginia or not. "
Thus, you can be a resident for tax purposes, even though your domicile is elsewhere (see last line).
Therefore, your tax residency status as seen here for Virginia is Virginia. You will file two resident returns, one for Virginia and one for New York.
Normally, if you live in one state and work in another as a nonresident, you do the nonresident return first to calculate the tax, then do the resident return where (usually, but not always), the state tax from the nonresident state is a credit to the tax in the resident state.
However, you will be a resident in two states. So when you do Virginia and calculate the tax, then go to New York and do that return, the Virginia tax should appear on the New York return. However, I don't know if the New York tax will appear on the Virginia return automatically.
I encourage you to go back and forth between the two states until you have each other's taxes reported in both states.
Sorry for the manual work, but this is an unusual situation. You were smart to spot it.
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