Using Independency without a controlling form tolerance is a bad practice. Is there a good reason to argue for using a bad practice that is specifically cautioned against in the standard? Follow the standard, add a form tolerance and there will be a virtual condition. Don't follow the standard, ignore the caution, and there isn't one.
There is a requirement that an explicit straightness or flatness tolerance must be smaller or equal to the related position or orientation tolerance, but nothing covers the case when there isn't any form tolerance at all, particularly when there is no size related modifier - is it MMC, LMC, or RFS? The picked examples for calculating virtual condition are where it is shown to apply to Rule #1 compliant features; they simply don't bother with examples of what to never do.
Anyone is welcome to not only use a known bad practice, but also make up their own rules for cases the standard does not address for their personal use, but it's still wrong to claim they have a basis in the standard.
As to questions of "legal," "compliant," or "legitimate" - these words are not used in the standard and cost isn't a consideration in how drawings are to be interpreted. Saving money is best done by use of explicit and standards-supported methods.
In retrospect the Committee screwed this up. Rather than saying the straightness/flatness must be less than position and orientation, they should have specified that the position and orientation tolerance should be greater. This would make obvious that those tolerances must encompass the given feature form tolerance and it would use the exact same evaluation to MMC as applied when not associated with a position/orientation tolerance.
This would not affect my analysis, but it would certainly stop the incorrect, unsupported arguments for any alternative. Perhaps others would hold out hope the standard would add a contradiction, but I suspect the correct answer is to apply the same requirement to Independency for similar reasoning as to other form controls and say that it cannot be applied on its own when position or orientation are also used on the same feature because its effect is always is larger than the position/orientation tolerances.
As to that last response, it is a convoluted rewording of exactly what I said, even though you have not worked out the conclusion correctly. "Requisite" is another word that does not appear in the '2009 standard, "pre" or otherwise; nothing in the standard is a prerequisite for any other part.
"The above certainly doesn't mean that the hole must actually be limited to perfect form at MMC" That is a strawman argument that no one supported, making the assertion "the following is important to bear in mind:" unnecessary. As an argument technique it is used to suggest, by mixing in one correct statement, that the remaining statements must also be correct.
In this particular thread of argument, the basis of which is what to do when the feature is not required to be of perfect form at MMC, it is peculiar to mention it and the mention seems intended to distract from the flawed interpretation of what to do when the form is specifically defined to have no limit at all.
We already are 100% certain that position or orientation would not control form on their own because the standard specifically requires that the user explicitly specify a tolerance value that is smaller; if it worked otherwise, the form tolerance could be left blank or use any value in those circumstances. Since it doesn't work that way Independency is incompatible with position - there is no virtual condition generated.