48 states of the United States ( except New Jersey and Virginia ) have a state song , chosen by the state legislature as a symbol of the state . Forty-eight states of the United States have one or more state songs , selected by each state legislature , and\/or state governor , as a symbol ( or emblem ) of the state . New Jersey does not have an official state song , while Virginia 's state song , `` Carry Me Back to Old Virginny '' ( adopted 1940 ) , is now considered the `` emeritus '' state song and is scheduled to be replaced , having been rescinded by the Virginia General Assembly .