Yeah the timing seems wonky, though I believe Wanda didn't show up until after 3 am, and it looked like there was already sunlight shining in when she was dancing with Magneto, so I guess it's possible she decided to stay until the morning and that Kurt didn't wake up too long after that panel. The main reason the possibility of Mercury being somehow involved came to my mind is because the description for Way of X #4 looks like it's dealing with the killing of a human where the interpretation of Krakoan law becomes questionable, and I'd be surprised if that referred to a separate case.