Eicher, 2001 p. 598 classifies Gilmer as a "might of been" because his appointment was not confirmed by the Confederate Senate. On the other hand, former Confederate Brigadier General Marcus Wright in his 1911 compilation (Wright, Marcus J., General Officers of the Confederate Army: Officers of the Executive Departments of the Confederate States, Members of the Confederate Congress by States. Mattituck, NY: J. M. Carroll & Co., 1983. ISBN0-8488-0009-5. First published 1911 by Neale Publishing Co.) cites an early Confederate law which allowed the Confederate President to appoint temporary generals of volunteers for specific assignments without being subject to confirmation by the Confederate Senate as the basis for Gilmer's appointment to a temporary major general. At page 42, Wright lists two generals in this category and does not show a confirmation date for Gilmer. (The other, Joseph Wheeler later received a permanent appointment.) Wright states: "Authorized by Act of Congress of May 21, 1861, as follows: 'That the President shall be authorized to confer temporary rank and command, for service with volunteer troops, on officers of the Confederate Army; the same to be held without prejudice to their positions in said army, and to have effect only to the extent and according to the assignment made in general order.'" Other sources, such as Warner and Sifakis, list Gilmer as a temporary major general, having been promoted directly from colonel.