what we know as the confederate flag was never the official flag of the confederacy. it was a square battle flag used by the army of northern virginia. the confederacy itself had a series of different flags. (at least, anywhere that still flies it.)

according to the united states' flag code, the flag cannot be used as a costume, athletic uniform, bedding, or drapery.

(unless, of course, we decide to completely ignore that to make some money.)