The Shinigami is hovering over Oro... If it isn't the ground then its the background, not the soul.
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ooooooo ok i see what your saying now, hmm maybe, but somethings still a little off.
Half the kyuubi power was sealed in the death god, so even if the extra spirit wasnt drawn, the power has been released (assumption of course)
And whose to say that orb moving away from oro isnt it, it was never really specified.
Also, seeing how far those other spirts have gotten already, wouldnt it be safe to assume that oro already got his powers back before the spirts even reached half way to their bodies.