if we're in the room while Cody is in his crate, he cries even more... He hasn't had accidents in the house for almost a week (out of the two he's been here) so I think we'll hold off on an xpen but I have considered it...
We kept him awake most of the day today. He barked himself to sleep for about 15 minutes in the crate and he had another half hour nap outside, but compared to his normal 4-5 hours of sleeping everyday he is VERY tired right now. We baited him with a rawhide treat to go into his crate and put his crate in a different room. He barked for about 40 minutes, slept for maybe 15 and started barking again so we let him out to go potty (outside as I type this)
I guess the frustrating part is that he barked the first night, probably because everything was new, and then we haven't had any more problems until the last couple nights
Thank you all for your advice. My guess is that with his age he's just testing his limits so we need to stay strong to the training we started him with

I'll keep you updated...