Can I get into UVA out of state:

To clarify, I have not heard of any evidence that an applicant to UVa gains any competitive advantage by filing an early action application. It is a good idea to file EA for most students, but you will not be more or less likely to be admitted. If you are borderline as EA, you will be deferred for another consideration in the regular admissions pool

It is a different circumstance at many other universities, where there is a major admissions advantage to applying early decision or early action.