Prior server merge is the real issue with Legacy servers.
Did they not add more Legacy servers for launch? I know most people want to stay where they are now because of our social groups, but I think if they'd open up some worlds and offer free transfers to alleviate congestion it might help.
Edit: For the uninformed, there was a server merge back in 1.x, which left us with about 5 servers. The amount of increased interest by returning players has significantly increased demand to play. Therefore there should be both additional LEGACY servers added and New Player servers.