The reason why the Tar Heel State Battlewagon and Mt Rushmore State Battlewagon were over the limits, was because the Washington Treaty had, effectively been superseded, in 1935 by the London Naval Treaty, which upped, quite significantly the treatly tonnage limits. Hence, they were, in fact, not in violation of any treaty obligations!
True, but the load conditions used to calculate standard displacement were rather interesting. And design studies for both ships started with the 35,000 ton limit. Those limits were superceded/abrogated/escalated during while both ships were still on paper.