Who would have thought of "time travel" as a means of thwarting "adverse legal positivism"? [Imageshack link not working btw]
On the topic of the Declaration of Independence, it might be worth noting that new state constitutions were created prior to the Articles of Confederation. Each of those constitutions established one of many "free, sovereign and independent states". The Declaration of Independence remaining highly significant, it seems that a new or separate crown resulted with the declaration of war per the Prohibitory Acts of 1775 by which the British Crown and by the British Monarchy put the colonists and/or colonies out of allegiance (they were absolved of allegiance at that point). Where there was successful defense of the new or separate crown, the Declaration of Independence served to formalize and memorialize beyond doubt. The prerogatives of the Monarchy transferred to the people.