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Nobody made any argument about Kabuto's original body and Orochimaru did the same thing since it was his plan to begin with. Kabuto implanted himself with the dna samples that Orochimaru collected over the years in order to increase his body capacity which allowed him to be nearly unkillable and to be able to use Senjutsu.
There is also nothing to say that Orochimaru wasn't an incomplete Sage like Jiraiya, Kabuto only said he couldn't master it. With Orochimaru stating that he took back his Senjutsu chakra that Kabuto had collected previously it seems like he could to some extent. In fact it would explain why Orochimaru was physically so snake-like, one of the side effect of an incomplete mastery of Sage mode is the user's body morphing into the "animal totem" of the Senjutsu school.
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