Spying while not phased, but told phased so can't spy

[Prior Or Ori]

So i was on nox and got phased out several hours ago and then came unphased. and have been attacking for hours now, but i can't spy.
Every time i go to spy it says...

" You are still out of corporal existence, repairing and recovering from your own damage. You must wait if you are to remain insured..."

plenty of covert capacity/turns and under the limit. and i can attack and be attacked....

am i missing something or is this a bug?