Acording to today's Los Angeles Times, West Virginia was one of a minority of holdout states that still wanted to demand a breakup.
Industry people who have seen the States' proposal say it is of remakably good quality and strongly addresses many of the issues glossed over in the DoJ deal. Hopefully, judge C.K-K will hold the same opinion.
Microsoft has responded that the States' proposal "Undermines the agreement with the Department of Justice". In other words, they're threatening to call of the deal and fight in court if the States' proposal becomes a factor.