The guy is not a psychic o.o But you have a point in saying that it could be black because they were confused.
The point is, why would having two black hats be more confusing than one black and one white hat?
@Aeyra: Thats TOO Professional in your comment! XD I think its awesome!
Though of course it cannot be compared to a professional, but I think its wonderful!
*If it was me, I'd wouldnt be bothered (lazy) to do elaborate lines and shading XD*