Sorry for the late reply. I've been on holiday and really busy at work.
The 38th Virginia did captured the flag of the 104th Pennsylvania
Volunteers at battle of Seven Pines on May 31, 1862.
The 38th Virginia's colors were captured at Gettysburg, July 3, 1863 ,
during Pickett's Charge by the 8th Ohio.
If I can be of further assistance, please let me know.
I received this email the other day. I dont know what to say, I have heard that the 104th Pa did save their flag from the famous picture.
Have a good night,