West Virginia is a very interesting state because, with exception to legalized and regulated online gambling, every other form of gambling imaginable is legal, as long as it is being conducted commercially. They were one of the first to get legal sports betting on the books! However, any form of gambling that is not overseen by the state constitutes illegal gambling, even including home poker games. Anyone who has ever lived in West Virginia knows that the state thinks gambling is fine, as long as it is getting its cut of the action. It’s only a matter of time before they legalize online casinos.

The Penalty
Illegal gambling carries a fine of anywhere from $5-$300 with no jail time initially, but jail time of 10-30 days in the event the person fails to pay the fine.
You can read more about this on our restrictions page for the state.
This is also one of those states where someone who loses money to an unlawful gambling enterprise can use to have the money returned, provided it is in excess of $10.
Again...
...that’s odd because, according to the state law, they were doing something illegal by gambling, to begin with.
We can find no instance of anyone ever being arrested or otherwise punished for gambling online within their own home, and for that reason, the majority of internet casinos who offer players in the United States their business accept players from the Wild and Wonderful Mountain State.