When the Constitution first became law in 1788,

New York and New Jersey had not ratified it.

New York and Virginia had not ratified it.

Rhode Island and Massachusetts ratified it.

Virginia and Delaware had ratified it ...

On June 21, 1788, New Hampshire became the ninth state to ratify the document, and it was subsequently agreed that government under the U. S. Constitution would begin on March 4, 1789. In June, Virginia ratified the Constitution, followed by New York in July. Beginning on December 7, five states-Delaware, Pennsylvania, New Jersey, Georgia, and Connecticut-ratified it in quick succession. However, other states, especially Massachusetts, opposed the document, as it failed to reserve undelegated powers to the states and lacked constitutional protection of basic political rights, such as freedom of speech, religion, and the press. In February 1788, a compromise was reached under which Massachusetts and other states would agree to ratify the document with the assurance that amendments would be immediately proposed.

The answer is, New York and Virginia had not ratified it.

New York and Virginia didn't ratify the Constitution until 1789.