Robert E. Lee question for any civil war buffs

I know there are some here who may not share my admiration for Gen. Lee but I have great respect for him as a general and human being and I ask that you keep your thoughts to yourself or in another thread.

Yesterday I return from a trip from Appomattox Court House, Lexington, Amherst and a few other small towns in the area. This area is absolutely beautiful area with rolling green hills, just stunning beauty. It's also teeming with Civil war history so it's a perfect fit for me. I was sad to find out that the house the surrender was signed was not the real house, just a fake built year later to look like it. Even the tables Grant and Lee used were fakes.

But anyway back to my question. Lee was offered to lead the Union army at the beginning of the war. He turned it down saying he couldn't use his sword against his native Virginia. As we all know he resigned and became the commander of the army of Northern Virginia. Why wasn't Lee immediately arrested for treason? There was time, he told them (Union) what his plans were so why did they allow him to just ride away and then of course very nearly defeat the entire US military?

thank for any thoughts...

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Robert E. Lee question for any civil war buffs