Twelve colonies voted for independence when Congress passed the Lee Resolution on July 2, 1776. The resolution declared the United Colonies free and independent states.
New York abstained because its delegates had not yet received instructions authorizing them to vote for independence. Its provincial congress later voted to support independence on July 9, so the abstention did not represent permanent opposition.
The often-used phrase “thirteen colonies” describes the full group of colonies, not the number voting on that specific day. The Lee Resolution therefore passed with 12 of 13 colonies supporting it, while the Declaration of Independence was approved two days later.