Uh yes they are since then and before. You are confusing how they are appointed with whom or what they represent. Each state gets two of them in case you’re not familiar
The point is the state’s recourse on an emergency declaration is to have their senators vote for a joint resolution to overrule the president. And the house has to do the same.
That can be accomplished by the governor talking to the senators and asking them to vote against of the governor is so include. Not ask your AG to file law suit to stop national emergency. .