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I guess I don't understand the distinction you're making.

A state of war exists only under a Declaration Of War from Congress.

There's been no such Declaration.

If there's some other statute, law, or provision that defines this thing called "state of war," please cite it and I'll stand corrected.

A state of war exists only under a Declaration Of War from Congress.

There's been no such Declaration.

It is longstanding precedent that a Declaration of War by the U.S. is only neccessary for the making of war when we have not yet been attacked, nor has war been declared against us. The Founding Fathers noted this in the incidences with the Barbary Pirates. A full declaration of war by our Congress results in many, many laws which severely abridge freedoms to go into effect - and so the Congress did a half-measure, by authorizing and funding a war.

"A state of war exists only under a Declaration Of War from Congress."

The Constitution gives the Congress the power to declare war. It does not stipulate the method. It does not, for example, say: Congress shall pass a "Declaration of War".

"If there's some other statute, law, or provision that defines this thing called "state of war," please cite it and I'll stand corrected."

A state of war exists whenever a country chooses to use military force to achieve it's objectives. A "Declaration of War" is not a necessary condition. For example, do you doubt that a "state of war" existed between the US and Japan, the instant the first Japanese aircraft released the first bomb over Pearl Harbor? Was this prior to the passage of a "Declaration of War"?

Just cite the portion of the Constitution that states the Congress "shall" pass a declaration of war in order for a state of war to exist.

BTW, this was resolved by the US Supreme Court in the early 1800's. Even these dodo judges admit as much in their opinion. Did you read it?