the new covenant consist of being born again of water and the spirit. the spirit was not poured out until the day of Pentecost. This is when the new covenant came into effect. the guy on the cross was not under the new covenant as the holy ghost was not yet poured out and Jesus had not even resurrected yet.
Being born of the Spirit and water is nothing new.
The event at Pentecost was unique because they spoke in different tongues and were able to understand each other. The disciples already received the Spirit before Pentecost (See John 20:22). Pentecost was a fulfillment of OT Scripture of the early stages of the New Covenant that was made with God's people. However, the New Covenant officially began at Christ's death:
“By abolishing in His [own crucified] flesh the enmity [caused by] the Law with its decrees and ordinances [which He annulled]; that He from the two might create in Himself one new man [one new quality of humanity out of the two], so making peace.” (Ephesians 2:15) (AMPC).
16 “For where a testament is, there must also of necessity be the death of the testator.
17 For a testament is of force after men are dead: otherwise it is of no strength at all while the testator liveth.” (Hebrews 9:16-17).
27 “And he took the cup, and gave thanks, and gave it to them, saying, Drink ye all of it;
28 For this is my blood of the new testament, which is shed for many for the remission of sins.” (Matthew 26:27-28).
50 “Jesus, when he had cried again with a loud voice, yielded up the ghost.
51 And, behold, the veil of the temple was rent in twain from the top to the bottom; “ (Matthew 27:20-51).
But being born of the Spirit is nothing new. The words "
circumcision of the heart" is just another way of saying "
born again" in the Old Testament (or Old Covenant).
Quick Review:
Circumcision of the Heart in the Old Testament.
(Which is obviously a spiritual renewal of one's heart):
Deuteronomy 10:16
"Circumcise therefore the foreskin of your heart, and be no more stiffnecked."
Deuteronomy 30:6
"And the LORD thy God will circumcise thine heart, and the heart of thy seed, to love the LORD thy God with all thine heart, and with all thy soul, that thou mayest live."
Jeremiah 4:4
"Circumcise yourselves to the LORD, and take away the foreskins of your heart, ye men of Judah and inhabitants of Jerusalem: lest my fury come forth like fire, and burn that none can quench it, because of the evil of your doings."
Ezekiel 44:9
"Thus saith the Lord GOD; No stranger, uncircumcised in heart, nor uncircumcised in flesh, shall enter into my sanctuary, of any stranger that is among the children of Israel."
Leviticus 26:41
"And that I also have walked contrary unto them, and have brought them into the land of their enemies; if then their uncircumcised hearts be humbled, and they then accept of the punishment of their iniquity:."
Jeremiah 9:26
"Egypt, and Judah, and Edom, and the children of Ammon, and Moab, and all that are in the utmost corners, that dwell in the wilderness: for all these nations are uncircumcised, and all the house of Israel are uncircumcised in the heart."
Having A New Heart in the Old Testament:
Ezekiel 11:19
"And I will give them one heart, and I will put a new spirit within you; and I will take the stony heart out of their flesh, and will give them an heart of flesh"
Ezekiel 18:31
"Cast away from you all your transgressions, whereby ye have transgressed; and make you a new heart and a new spirit: for why will ye die, O house of Israel?"
Ezekiel 36:26
"A new heart also will I give you, and a new spirit will I put within you: and I will take away the stony heart out of your flesh, and I will give you an heart of flesh."
Circumcision of the Heart in the New Testament:
Acts 7:51
"Ye stiffnecked and uncircumcised in heart and ears, ye do always resist the Holy Ghost: as your fathers did, so do ye."
Spiritual Circumcision in the New Testament:
Philippians 3:3
"For we are the circumcision, which worship God in the spirit, and rejoice in Christ Jesus, and have no confidence in the flesh."
Romans 2:28-29
28 "For he is not a Jew, which is one outwardly; neither is that circumcision, which is outward in the flesh:
29 But he is a Jew, which is one inwardly; and circumcision is that of the heart, in the spirit, and not in the letter; whose praise is not of men, but of God."
Colossians 2:11
"In whom also ye are circumcised with the circumcision made without hands, in putting off the body of the sins of the flesh by the circumcision of Christ"
Being born again of water is not talking about baptism, although that is the popular mindless cookie cutter answer by some churches today.
The Scriptures actually tells us what being born of water means in John 3:5. The Bible talks about how "water" is related to the Word (i.e. Scripture). The Bible talks about how we are born of the Word.
25 "...even as Christ also loved the church, and gave himself for it;
26 That he might sanctify and cleanse it with the washing of water by the word,
27 That he might present it to himself a glorious church, not having spot, or wrinkle, or any such thing; but that it should be holy and without blemish." (Ephesians 5:25-27).
"Wherewithal shall a young man cleanse his way? by taking heed thereto according to thy word." (Psalms 119:9).
18 "Hear ye therefore the parable of the sower.
19 When any one heareth the word of the kingdom, and understandeth it not, then cometh the wicked one, and catcheth away that which was sown in his heart." (Matthew 13:18-19).
"But he that received seed into the good ground is he that heareth the word, and understandeth it; which also beareth fruit, and bringeth forth, some an hundredfold, some sixty, some thirty." (Matthew 13:23).
"So then faith cometh by hearing, and hearing by the word of God." (Romans 10:17).
23 "Being born again, not of corruptible seed, but of incorruptible, by the word of God, which liveth and abideth for ever.
24 For all flesh is as grass, and all the glory of man as the flower of grass. The grass withereth, and the flower thereof falleth away:
25 But the word of the Lord endureth for ever. And this is the word which by the gospel is preached unto you." (1 Peter 1:23-25).
In Romans 4, we see that Abraham was saved first by faith without the deeds of the Law; But later he was saved by his works of faith (like circumcision - Genesis 17:14). Abraham had to first receive God's Word into his heart and believe. This is being born again of water. The water represents Jesus (the Word of God). His words bring life or they can bring judgment. Hence, why baptism is a like picture (or metaphor) of the judgment on the world by a global flood. We are buried in Christ in baptism as a like picture (or metaphor).