Bitcoin is not a money, it's bitcoin. Don't try to interpret it with current laws...
The state will naturally try to interpret it with current laws. If you don't want to irritate the state, stop scratching it.
In Japan we will most likely see new laws and new regulations adapted to bitcoin (nothing is set yet, talks are still in progress). Other countries could see the same thing if current laws are deemed "not enough".
Anyway if you just read the law, Bitcoin is not a virtual currency.