In combat it doesn't work this way at all.
If a person enlist in state, home, local, nation, the bullets fired at them or by them don't stop because they are not a called to service by act or writ.
Did the local militia at Concord or Lexington because they were not called to service by the state before being fired on and firing on the Bistish make them not eligible for service that day on the fields of green?
The answer is of course not, as the state of Mass. gave pensions to all that could prove they were there that day.
Or does it not make them a legal traget on the field of service?
Color of uniform or non uniformed are fired on equally on the field of battle, once fired a bullet has no mind to legal issue you raise.
If in revelation one is named on a roster, that means service to that local militia, state, nation; a nation does not stop at the fornt door of it's governing body; but goes even down to the heart of the people it governs.
The matter isn't a legal debate at all, because by you're definition than many battles were fought in many wars by non-combatants, but did it stop those form dying or spilling their blood for the cause they were fighting for?
The merit of debate isn't in the definition of the law, but the purpose and intent of the people. The law means nothing without justice and a firm moral basis.
By you're argument these men never served, yet we have rosters, letters, intent and even request time and again by them to be sent to battle; which side of the law would you think a government like the Soviet Union saw them on?
Debate of issue by the time frame we live in has nothing to do with the time frame they lived in and each generation will look on the issue in the light of their time and raise it's on opinion to the debate, but that changes nothing to do with the facts at hand.
The facts are only these:
1. The Louisiana Native Guard was formed for service by free blacks to fight for the state of Louisiana.
2. It was an all Black unit, enlisted men and officers.
3. It requested front line service.
Than to say it wasn't a Confederate unit is the same as saying Robert E. Lee wasn't a Confederate General.
1. The Native Guard was armed.
2. They took up arms against the United States
3, They enlisted to state service.
Beyond the above you're reaching for a needle in a haystack.