It seems pretty clear to me that the intention is they count as lost after the battle begins*. That the rules as written fail to say this is simply a mistake.
Phil being Phil, however, there's a nonzero risk he'll convince himself he had some clever idea behind it and that the rules as they are are as they should be.
* Consider, frex, that Psiloi scouts can be lost or spent - if they don't count towards breaking the command it makes precious little difference which!