It uses your location to determine if you can bet or not. If you drive to WV you can legally use the online sportsbooks. I'm sure you could use a VPN to hide your location and make it appear that your are in a state where it is already legal but I'm sure they have wording that if you are caught you forfeit your money.
Everything I have heard it will be any day now in Virginia. Everything I have heard is it will be before the Super Bowl.