But the point is that the "temporary appointment" only applies if the seat is actually vacant, and "vacant" has been defines to mean "dead or resigned". As long as the Senator is neither of those things, the Governor has no ability to make a temporary appointment.

The NYT had an interesting article giving another problem, though, saying that the first thing a convening Senate does is bring itself to order (basically), and it can be filibustered. Without 51 votes, the Democrats cannot do anything.