The one nice thing about 9-patches is: They can be put together many, many different ways, and they all look beautiful. Yours is gorgeous! And yes, the top row doesn't match the layout of the rest, but it doesn't seem to matter much.
The only thing I would do to that layout now is to change a few blocks so that the same colors are not next to each other as much. As in those three gray squares in a row and two black squares at the top right. Other than that, I love it as is. The red for the center square was the perfect touch.