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Originally Posted by GarthB
You are making an assumpition that he was simulating his "motion" off the rubber. There is no indication of that. If he did, that would be the reason for a balk, not for coming to the rubber set.
Coming to the rubber set is not a balk, at least not by rule.
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8.05
(g) The pitcher makes any motion naturally associated with his pitch while he is not touching the pitcher’s plate;
If he steps on the rubber already set then he made the motion to get set while not touching the pitchers plate. That is by rule a balk.
edited
The OP said
"R1. Pitcher is straddling the rubber while he's eyeing R1. At the same time he brings his foot to the rubber, he comes to the set position."
Pitcher in this case is clearly beginning preliminary movement while off the rubber. Open and shut case