I too have considered requesting one active D2 legion, but its like everyone replied here, this is actually a D3 guild. And it was way back when you signed up for it as well.
Its tough asking for a completely active legion. I did it, but it gets too cumbersome. Instead I will just wait until Diablo 3 when I know that everyone in my legion will be active. that should make things better.
Well when its announced we can wait a month or so for the inactives to come back. An announcement won't guarantee an instance release of the game, so we have some time. Elfen has already changed the ranking and structure, and I know that as within 4 months of its release we will be reformed and restructured to be the massive force we promise to be. I would even kick everyone out, but still give them the benefit of the doubt. I'm sure Elfen or Silver have plans as to how to handle the inactivity as we near the release of our next greatest adventure.