How much you wanna bet that IGN it completely talking out of their ass and the 3DS VC as well as the rest of the eShop will be available in May as Mr. Iwata has already stated? 

And if that's the case, that is PERFECTLY FINE. It's two freakin months, who the hell cares? It will be here when it gets here. 

hope its the same for Europe

I have a feeling that Nintendo will be slow to bring titles to the Virtual Console. With the Wii they released most of their big guns early on. Today what do they have left unreleased? DK64, MarioParty , EarthBound and a few others.

Nintendo is going to want to space out its releases. Also sad to say I doubt Polemon Red and Blue will be on VC. I think they will release Fire Red, Leaf Green instead.

So Nintendo of Japan says it's available in May, but America gets it in March?

If that is true, I'm getting really mad at Nintendo... I want access to the online stuff on Feb 26th. :/

You might be right. IGN has since vanished their statement completely, reverting to the "it'll come in May" line

http://gonintendo.com/viewstory.php?id=150040

Isn't it illegal to sell goods that don't exist?

It's certainly illegal to copy steal them, such that we should all be banned for it :P