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.
I would say that Bitcoin is not a virtual currency, because it is more like virtual goods.
After all, it has all the properties of gold, except it's not physical. So perhaps the law should simply treat it as a commodity.