I checked through the US Constitution and every Supreme Court ruling and found no mention of “functional consent”. Nice try though. We can give you high marks for inventiveness, and even higher praise for possibly unintended humor.
States that explicitly have two Senators each under the Constitution have not functionally consented to anything different. You would need a Constitutional amendment and the states would have to explicitly consent to such a change. Do you see even a majority of states doing that? You have no path to giving California 3 Senators, much less 16.