Here is a statement from the President.
Agee was nominated by President Bush in March after being recommended as a candidate for the post by both of Virginia’s senators, Republican John Warner and Democrat Jim Webb. Warner and Webb made brief floor speeches in support of Agee before the Senate's vote.
The Senate’s confirmation of Agee eased a logjam that has left five vacancies on the Richmond-based appellate court. An earlier Bush nominee for the court withdrew from the process when it became clear the Senate would not hold hearings on his nomination. Warner and Webb credited a process in which the two senators interviewed candidates for the bench and submitted recommendations to Bush.