Laws need to be passed that prevent politicians from switching parties while in office, unless they are willing to resign their seats. Ideally, Justice would be violently escorted off the premises by the WV Democratic State Committee, who would appoint his successor for the remainder of the term.
You dance with the one who brought you - if you get tired of two-steppin', then take a seat.
Why? That's someone's choice to identify with the party of their choice. You could make the argument that preventing that violates Freedom of Speech (how you would like to identify politically). If the voters have a problem, then they will vote out the politician later.