Creating new Layer must be equivalent with last active Layer not the first as patern.

User should modify the layer betwen last active layer in way to create new Layer based on current view with plan to add or delete something from view and outliner.

Blender should not create new Layer basied on full first patern as Layer, coz this destroing last prepared layer view and forcing for new layer work from begin that no have any sense in many times.

If user want create from begin, then user should swith to the 1st layer to reach cloned Layer to midification. This type solution have sense.

It's related with feature request: Blender must remeber the last active Layer when switching betwen Scenes not 1st as default