“A Special VFR flight is a VFR flight cleared by air traffic to operate within a control zone in meteorological conditions below VMC.”
I can not operate ‘Special VFR’ because the flight is in meteorological conditions above VMC minima.
I wouldn't necessarly read the first requirement as meaning that you can't get SVFR in conditions above VMC. It's simply a clearance to operate in conditions below VMC. It doesn't actually say that you actually must operate in conditons below VMC. Rather like how you don't actually have to be in IMC to have an IFR clearance.
Just a thought.