Apparently Apple's design precludes the mouse from operating while charging, regardless of position. Hence, the mandatory and inoperable upside-down nature of the charging Magic Mouse.
And, ironically, if one was able to charge and use simultaneously, they'd be back to having a wired mouse. Personally, I have yet to find that charging is an issue. The charge lasts an awfully long time and, when it needs to be renewed, just leave it charging overnight.