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As long as she is the only one claiming the dependent on a state return, then yes, she should be able to claim your child. Be aware, the general rule is the person who has at least half of the federal adjusted gross income would be the person to claim the dependent. But since your New York state return does not have a tax liability, you can let the Virginia state taxing agencies know why the dependent was claimed on your wife's MFS state return if you are ever questioned by them. Please see this excerpt from the Virginia Department of Revenue instructions.
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