As long as its not uploaded to any server's FTP and players just use them personally by choice by replacing the other state in their folder directory, than it is no problem.
Otherwise yea it would be copyright infringement, borderline at the least.
I like your hearts. You should be more creative though with the state. I made a state a long time ago (somebody probably has a copy, I saw an outdated version uploaded on a graal resource site once). If you experiment a little you will see that it is possible to make the half heart sprites be centered in such a way that when you get hit for a half heart, the bigger heart will disappear on screen and a smaller heart will appear centered where the bigger heart was seconds earlier, just like on a Zelda game.
