W. Va. Code R. § 82-6-3
Archives and History's administrative/office records are available to the greatest extent possible in keeping with the spirit and intent of the Freedom of Information Act. Requestors should address their requests to the state archivist. The person making the request need not have a particular interest in the subject matter, nor provide justification for the request except to the extent necessary to determine the requestor's category for fee assessment purposes. The FOIA requirement that records be available to the public refers only to records in existence when the request is submitted. The act does not require an agency to compile or create information or records in response to an FOIA request.
The Freedom of Information Act need not be invoked to obtain access to accessioned collections. Archives and History will restrict access to a collection or a portion of a collection on which restrictions have been placed by the donor. To obtain access to a restricted collection, patrons are required to apply directly to the donor. Archives and History will not withhold a record unless there is a compelling or legal reason to do so.
In some instances, Archives and History maintains on deposit, but does not accession, the records of other state government agencies. If Archives and History receives a request to make available such unaccessioned records on deposit, it shall refer the request to the agency concerned for appropriate action.
W. Va. Code R. § 82-6-3