They have, but they didn't approve Tesla. Tesla also said it's L2 in their application.
Approval for internal testing and approval for public is also different. Tesla may have approval for L5 internal testing, but can't release to general public for sale as a real product.
I'm not sure about other states, but if they don't need it then why Cruise, Lyft, or Waymo go test there? They test in states like AZ and CA that need permits and even closed beta. I can't go to AZ and download Waymo app to summon a ride. Can I? Anyone know if that's possible? I would love to get a ride in a Waymo.
Also other states doesn't have it doesn't mean it's legal. They're just behind on technology. I bet their police will still pull over cars if someone is asleep in the backseat. Any YouTuber can go there and say they are testing. I modded by car by adding a dash cam. I want to see if this made my car autonomous