> I don't think Virginia allows the death penalty for espionage:

I'd be surprised if espionage, per se, is even an offense under Virginia state law, but it really doesn't matter what Virginia law is since he is being charged with crimes under federal law in federal court that happens to be located in Virginia.

There are times when federal courts, for a variety of reasons, hear state law claims, and in those cases the remedies allowed by the state are relevant. But when federal courts hear federal claims, the state law of the state in which the federal court happens to sit is irrelevant.

If it's a Federal charge, Virginia law doesn't matter.

Virginia can not forcibly prevent a Federal captial punishment.