Yes, that was argued extensively by pedants at the time and since. The substance of the issue was whether it was advisable to allow portion of a nation to dissolve the nation at will. The answer was and still is no. Whether secession caused the seceding states to be out of the union or not is an artificial legal debate which I don't concern myself with. As I have stated before, such things are word arguments, and I don't care much for word arguments. Actions speak louder than words, however, and the act of rebellion caused a change in status, whatever words one uses to describe that change. Once the change had been made, a return to the old state was impossible. However, Lincoln chose to create a new status, and call it by the same name as the old, for his own purposes. He was both wiser, and kinder than I am, and probably his way was for the better. But the Union as it existed in 1850 no longer existed. The Secessionists did succeed in destroying the United States of America. What we have now is something different called by the same name. The legal words are simply an after the fact paint job. Words are useful, laws are useful, but never let their usefulness blind you to the fact that they are only an approximate description of reality, useful only within bounds.