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Originally Posted by nomadking
The EU never kicked up a fuss over there being a non-EU country(ie Scotland) having an open border with the EU via England.
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That's because the SNP as part of the vote was proposing to be a separate EU member at the same time as independence
https://www2.gov.scot/Publications/2013/11/9348/10
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Following a vote for independence the Scottish Government will immediately seek discussions with the Westminster Government, with member states and with the institutions of the EU to agree the process whereby a smooth transition to independent EU membership can take place on the day Scotland becomes an independent country.
The discussions will be held during the period in which Scotland remains part of the UK and by extension, part of the EU. This will allow the transition to independent EU membership to proceed without disrupting the continuity of Scotland's current position inside the EU single market or the rights and interests of EU citizens and businesses in Scotland. The Scottish Government believes that ensuring a seamless transition to independent EU membership will be in the best interests of Scotland, all member states and the EU in general, as well as those individual EU citizens and businesses who would be affected by any alternative approach.
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So they would continue to be in the Customs Union and Single Market - which are the two things that the UK government has ruled out and why the backstop is in the Withdrawal Agreement.