That's the second Virtual Console shortcoming. The library sucks.
Where is Mario Party 1 and 3? Where are all the good SNES games?
Where is Metroid and Castlevania?
I'm skeptical it has anything to do with licensing and it is just hardcore franchising by Nintendo. Nintendo has expressed antiquated ideas on Copyright laws and DRM time and time again. It wouldn't surprise me if they try to hold onto their NES games forever.
How much potential would Nintendo have if they released a full NES/SNES game library on the Virtual Console? Think of the huge cash they'd pull in.
Maybe even more than re-releasing Ocarina of Time on the 3DS.
