Is there a way to conditionally display/toggle the modal footer without causing the modal to close?

My use case establishes the modal footer as conditional when there are files selected i.e I display buttons to remove files. I'm running into the issue that while I can make the modal footer conditionally appear, the case in which the footer should disappear causes the entire modal to close.

Take a look at the following bin sample, toggle the modal and add a file. When you remove files the entire modal closes.
http://www.webpackbin.com/NkyVH5_jb