Technically it is. Cause you already have it installed on that machine once. The EULA says it can only be installed on 1 machine at any given time. So that means by installing it again in a VM using the same serial is not having it installed on only 1 machine at any time. Cause right there you have installed twice on the same machine.
You can do it with MSDN or TechNET versions cause they are specifically stated to be able to be used in a testing environment. A retail or OEM license does not provide this luxury.
It states it right in the EULA that everyone just skips over and doesnt bother to read:
2. INSTALLATION AND USE RIGHTS.
a. One Copy per Computer. Except as allowed in Section 2 (b) below, you may install one copy of the software on one computer. That computer is the “licensed computer.â€
Later on it says this:
d. Use with Virtualization Technologies. Instead of using the software directly on the licensed computer, you may install and use the software within only one virtual (or otherwise emulated) hardware system on the licensed computer.
That says it all right there. Since you already have it installed and activated that is the licensed machine. It is installed directly. Which negates the option to install it in any virtual way. It is illegal.