Talk about your preemptive strike.

The success of national health care reform legislation is still an uncertainty, but some states are already taking measures to keep federal hands off their citizens.Thursday, Virginia became the first state to enact a law exempting its residents from any health insurance mandates. It's one of 36 states where lawmakers are trying to head off potential federal legislation.

While Virginia enacted a statute, 25 other states are considering constitutional changes, according to the National Conference of State Legislatures. Virtually all the proposals object to mandates requiring individuals or businesses to buy health insurance.

"That is a widespread, common theme," said Richard Cauchi, program director for the NCSL health program. "The real legal issue is the requirement that every person buy health insurance."