A person acquitted of an offense on the ground of a variance between the allegations and the proof of the indictment or other accusation, or upon an exception to the form or substance thereof, may be arraigned again on a new indictment or other proper accusation, and tried and convicted for the same offense, notwithstanding such former acquittal.
When acquittal not a bar to further prosecution for same offense
Va. Code Ann. § 19.2-293, under Chapter 17. Convictions; Effect Thereof..
Va. Code Ann. § 19.2-293