Yes Agree with you some point yes, when the VSL fails any way this will become dual active. But as per cisco recommedation dual active link detect the failover of this scenarios make necessary action since VSL link failed.
Both case same either 9400/9500/9600 when you deploying Satackwise virtual.
Dual-Active Detection
If the standby switch detects a complete loss of the StackWise Virtual link, it assumes the active switch has failed and will take over as the active switch. However, if the original Cisco StackWise Virtual active switch is still operational, both the switches will now be Cisco StackWise Virtual active switches. This situation is called a dual-active scenario. This scenario can have adverse effects on network stability because both the switches use the same IP addresses, SSH keys, and STP bridge IDs. Cisco StackWise Virtual detects a dual-active scenario and takes recovery action. Dual-active-detection link is the dedicated link used to mitigate this.