The correct answer is B) New York and Virginia had not ratified it.
When the Constitution first became law in 1788, New York and Virginia had not ratified it.
It was until July 26, 1788, when the state of New York voted 30-27 to ratify the new Constitution of the country. The Federalists Papers written by James, Madison, John Jay, and Alexander Hamilton, under the pseudonym of "Plubius" had served to support the ratification.
Previously on June 26, 1788, the state of Virginia had ratified the Constitution, recommending a Bill of Rights to be added to the Constitution.