I think adultery should be treated as some manner of tort, personally. I don't think most of the adultery laws that are currently on the books in states that still have them are very practical or well-considered. I doubt Virginia is an exception.
Seriously? That seems completely crazy.
Yeah, there is no way this could do any good.
I mean, the manner of treatment as such obviously shouldn't be like criminal conversation torts of old ('It was based upon compensation for the husband's loss of property rights in his wife, the wife being regarded as his chattel'--from Wikipedia. No. This is not a good basis for
anything), and if there is seen to be no expedient way around the obvious practical problems then it is better to just let things be, but
in principle I think it makes more sense as a tort than either legally non-actionable or a crime.