It would encourage them to destroy the non-P2. If I were the P2, I would counter by putting out invites to a few more teams, saying that the split is forcing them to do so. Now they could do it right out in the open. FSU and Clemson would get formal invites, removing all doubt. The FSU and Clemson lawsuits would get new life, since this change would actually damage them. ND would sue the ACC to get out. Anyone else invited would also sue to get out, UNC, Miami, etc. Maybe the P2 decides they then need to also "fill in some gaps", so they invite Arizona, Colorado, Utah, UVa, etc. It would be a train wreck, IMO.