The point of this discussion is how to pull applicants from WL by numbers (not for special cases). Regardless how the initial seats filled (the school may set 50-50 for budget reasons or 90-10 for legislature and the school intended), it is understood that the WL is ranked per school score formula, same for OOS and IS assumed. So when mid-tier of OOS applicants is pulled before top-tier IS applicants by numbers (not for special cases), at this moment, the school is pulling less "qualified applicants" per school defined formla in order to meet 50-50 quota, that puts IS applicants on WL in disadvantage. Other state public schools pull lower tier IS applicants from WL over OOS applicants in order to maintain IS ratio, but EVMS is doing other way around. This is not good practice for a pubic school receiving state taxpayer money. If it is private, the school has its free will.
????? I'm not sure where you are getting this from. What "numbers"?
It should probably go without saying that if a school is selecting 33% of one pool of candidates for IIs (in this example, IS applicants to EVMS), and 6% of another (OOS at EVMS), it stands to reason that the 6% will have, from top to bottom, stronger numbers than the 33%. The objectively "less qualified" candidates are by definition the IS ones, because the school is obligated to have them constitute half of the class even though they only comprise 14% of the applicant pool.
Top candidates will be interchangeable, anywhere. But I think you have it 100% wrong at a school that has two WLs, one composed of those from a 33% screen who did not make the final cut and another resulting from a 6%. The less qualified people maintaining quotas at schools with IS preferences are the IS applicants.
In any event, ALL schools will pull from whatever list they have to in order to maintain their quota. It just so happens, at a school like EVMS, that is going to require them to go deeper into their OOS WL, because their $61,309 OOS tuition and fees is not going to be as attractive to OOS candidates with other options as its $37,566 tuition and fees will be to IS folks. So, relatively speaking, they are going to lose more OOS accepted people than IS, and if they don't go deeper into the OOS WL to maintain the balance, they won't achieve their 50/50 quota. Remember, that is already a HUGE advantage for IS applicants, since they are only 14% of the applicant pool.
Just keep in mind that ALL public schools maintain separate IS and OOS WLs, and they all use them to achieve whatever IS/OOS ratio they set. But don't kid yourself -- the OOS people being pulled from the middle of that WL are certainly not weaker candidates than the IS people at the top of that WL still waiting for a call.