User blog comment:Rassilon of Old/Silhouetted characters on the Young Justice: Invasion poster revealed!/@comment-3118271-20120908203052/@comment-1038387-20120908223643

Virgil doesn't wear a hood in the promo pics. Note, however, two things:
 * The poster was non-final art.
 * Virgil wasn't wearing a costume in the trailer - he could change outfits later.

But like I said, it could be anyone with some redesign.