the reason why it fits is because he is acheiving the point of what an ls/vtec is for which is the large displacement combined with vtec. But at the same time it can be considered a stroked GSR. In Cali his visual should pass because on the outside everything matches although internally it is modified.
Here in Connecticut when they do emissions they don't do a visual, so a "true" ls/vtec will pass based on emissions alone.