As those states were not in rebellion. The EP was used to weaken the ability of those in rebellion to continue. It worked.
Exactly what I've been saying... all those states were in rebellion, they had declared independence from the US and felt no inclination to abide by a proclamation from a US president. The EP was totally worthless in terms of freeing anyone. It didn't free slaves in the North or areas of the South under Northern control... that's what I've said from the start and what I will continue to say.
It's Constitutionality rests in the powers of the president as commander-in-chief of the military against
insurrectionists. However, that implies they are no longer
US citizens with Constitutional protections under the 4th Amendment.
Lincoln actually exploited a loophole to his advantage. While insisting southern citizens were always and forever US citizens and
never anything else... he utilized a provision reserved for non-citizens... enemies of state... those who
do not have citizenship protections under the constitution. He established that on the basis of the CSA declaring their independence while maintaining they didn't exist as an entity. He had his cake and ate it too, so to speak.