Legacies are not considered in-state applicants. People often try to explain the legacy advantage with that language, but we have been trying to curtail that for a decade now. You can probably fine numerous posts by me on here and other sites explaining this.
In Fall 2018, the legacy group had a higher offer rate than the VA residents. This was reported here: https://www.cavalierdaily.com/article/2018/07/legacy-applicants-admitted-to-at-nearly-two-times-the-rate-of-non-legacies-in-2018
OOS legacies are not counted as VA residents in our statistics and they pay the non-resident tuition rate.
Please note that I am sharing the facts here and not giving any opinion on this issue.