The key aspect is that you are sending an email that they need to "confirm". So in other words if you have a lead that you think is subscribed based on a form fill out, you only send one email out making sure it's ok to send them marketing emails.
If they don't click the YES link, then you are not opted in.
Operational emails always go out, but ones that are normal would not be sent.
Adam is correct regarding the fields to use and the smart lists to add.
As I am doing research on this, I have found that there are so many places that have detailed how-to's on this topic. Giving your step-by-step instructions on how this is done. It would be really nice if I could find this information through the actual company I am using. Thanks again.
Something like this "http://img.constantcontact.com/docs/pdf/confirmed_opt_in_v02.pdf" would be nice.