A layer on top of Bitcoin, which uses Bitcoin transactions that can be broadcast and finally settled at any time is definitely Bitcoin. You can say it fits your subjective definition of Bitcoin until you're blue in the face, nobody uses BCH except people who are scamming or have fell for the scam.
A layer on top of something is not something, it's something else.
Dude, you need to chill, you ruined BTC for everyone and now you are hostage to your own failed investment. Remember it was supposed to be cash. Accept your loss and stop lying to people, BTC doesn't work as cash, and neither does LN. Find something else to do with your life.
BCH is not as scam, it's cash, it's advertised as cash, and has always worked perfectly as cash.