No, the traitors had created a state of war regardless of the fact that the so-call confederacy was never a legal or legitimate entity.
Well no one was ever tried or convicted of treason, so your claiming they were "traitors" is entirely without merit. Yes, a state of war existed, and as Commander in Chief, the president used his authority to issue the Emancipation Proclamation and to suspend habeas corpus. In doing so, he must recognize the South as an enemy nation at war with the US (the ONLY way it is Constitutional)... even though he denied this was the case. So it was a very tenuous predicament for Lincoln and he knew it.