I hope this message finds you well, present circumstances excluded. Different states have different laws relative to this issue. The Real ID Act, which is a federal law, also dictates what states can and cannot do relative to Birth Certificate Info and driver license and ID cards. The Real ID Act states that the Birth Certificate same must match the Driver License name unless a person has legally changed their name (which should result in an amened Birth Certificate in most cases) or the person has married and taken the name of the spouse (in which case the SS card with amended name is permissible).

Unfortunately, it appears that you will have to get an amended birth certificate in order to switch the license over to Virginia. As an aside, in case you are pulled over, you need to keep paperwork on your person that illustrates that you are attempting to get your license switched. A simple letter from the DMV will suffice.

In order to amend a birth certificate, you typically need a court order from a court having original jurisdiction over the matter. Before going through that process, I would recommend calling the in house counsel for the DMV in Virginia and inquiring as to whether any exceptions can be made as this is probably a fairly common occurance. Make sure that the in house counsel for the DMV confirms in writing his or her opinion on the matter. Many times dealing directly with the attorney for the DMV can be much more fruitful for a person than trying to deal with an hourly employee at a DMV window.

Best wishes with this issue and your other endeavors.