EU to become a state using the Westphalian standard

I have just started Paddy Ashdown's book, Swords and Ploughshares, and he makes an interesting point about states:

According to the Westphalian standard, establishing statehood was an entirely empirical matter. A state was said to exist when it had fulfilled the duties of a state abroad. Not before. To obtain a legal personality recognised by other states , it had therefore to do what other states could do: have effective control over a territory delineated by stable borders , provide its citizens with services - especially security - which citizenship was entitled to, and interact with other states on a basis of equality and reciprocity.

Wiki says that academics argue over this subject, I'll bet the do, but I am going to take it at face value, not least because it is a European construct:

Adherents to the concept of a Westphalian system trace it back to the Peace of Westphalia, signed in 1648, in which, it is claimed, the major European powers (with the notable exception of England) agreed to abide by the principle of territorial integrity.

and I'm willing to bet £100 to anyone favourite charity that the EU will use it when it suits them, which I suspect will be soon.

The whole point of the EU Constitution was for the EU to have "legal personality" so that it could become an active state. Thankfully our Dutch and French friends scuppered these plans, or so we thought. Lets have a look at Paddy's passage and put it to the EU Constitution Lisbon Treaty test:

To obtain a legal personality recognised by other states , it had therefore to do what other states could do: have effective control over a territory delineated by stable borders

Yes, we have very clear borders, especially with the Schengen Agreement. OK, so we have a few internal borders, but doesn't China and it is a state?

provide its citizens with services - especially security - which citizenship was entitled to

European Defence Force anyone? Yes I know its old but it does show there is a political will and the means to create one.

and interact with other states on a basis of equality and reciprocity

This one is easy. We are getting a full time president and a High Representative of the Union for Foreign Affairs and Security Policy’. Now what are these fine figures to do? Limit themselves to ceremonial duties? Yea right, these are self serving politicians appointed by other self serving politicians who will covet those jobs. How long do you reckon before they start acting for the EU on their own terms and other states start referring to them ahead of national governments?

Indeed we are getting there, the US has a Special Envoy to EU. How long before he becomes a full blown Ambassador?

There are other examples, easy extradition, EU arrest warrants, QMV on ever more topics.

So it looks like the EU doesn't need the constitution to become a state, it just starts acting like one and waits for other countries to treat it as an equal.