Home poker games are considered unlawful gambling in West Virginia. The law states that any person, at any place, public or private, is guilty of a misdemeanor for betting or waging anything of value on any game that involves chance. The penalty is a fine between $5 and $300, with a possibility of up to 1 year probation.

[Reference 61-10-5: http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=61&art=10]