Right now, one of the challenges for a lot of the new independents is getting games scheduled - Binghamton will run into this issue as a lot of schedules are set three to four years in advance. If seven or eight teams get together and build out a 20-25 game "conference" schedule, these schools only need to find a certain level of non-league games to get started.
Anybody can get together and form a single-sport league in any sport across divisions I, II and III - there are no rules against it, except for the fact that the NCAA's moratorium prevents earning an automatic qualifying bid at the present time.
The NEWHA was in the same situation on the women's ice hockey side - the league was formed as a scheduling alliance that was not eligible for an AQ way back in 2017, but eventually was recognized as an official NCAA Division I league just two years later because there was no moratorium (
https://newhaonline.com/general/2019-20/releases/0904NCAAElectionD1) and the 2022-23 season was the first for the conference to earn an automatic qualifying bid.
What the independents could possibly consider is to start a scheduling alliance so when/if the moratorium is lifted, they already have a rough conference structure in place - the institutions can then "flip the switch" when/if the moratorium is lifted, or dissolve it if the NCAA puts up a road block.
The alternative, I guess, is to do nothing, stay as an independent, and hope and pray that one of the existing leagues takes them? Waiting until a moratorium is lifted to start talking about forming a league is far too late.