They only do a visual inspection on the components. (They used to do a functional EGR test, but that wouldn't catch a bad VSV unless it failed shut)
If everything is hooked up correctly, and you pass the sniffer; there's no way they would know if the VSV doesn't work correctly when the engine is cold.
If the VSV has failed in cold mode (closed) just drill it out so it's open.............
(Failed close, you'll likely fail the NOX portion of the test)