Yes, there's no structural issue. You have about 1/8" or more steel under the nut and there's no way you can damage the fork before snapping the bolt. The only purpose the rear spacer serves is to protect the washer from bending, and to make a nicer more finished look.
If you want a nice professional job, use some body filler or "plastic steel" type product under the 1st washer letting the nut squeeze out the excess, and trimming it flush. When finished it'll look as if the fork had a flat seat back there.
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