I suspect that Microsoft's definition of "legacy" has little to do with what any sensible developer should do, and is instead based on some Grand Rewrite of the Windows API.
Starting at around Windows Vista, Microsoft has been redesigning many of their API's. We now have MMDevAPI as the One True Sound API, WIC is the One True Image File API, etc. From what I've seen/heard, these new API's are much better than the old ones, and the "legacy" systems all work based on the new ones. In Windows Vista and later, DirectSound is entirely based on MMDevAPI, and components that need to read image files do it via WIC.
Windows 8 will have an ARM version, which it appears will support only a subset of the current Windows API. We won't know for sure until Windows on ARM is released, but, based on the libraries included for the ARM platform in Visual Studio 11 (ref: http://www.winehq.org/pipermail/wine-devel/2012-March/094559.html), it's looking like GDI+ and OpenGL will not be available. GDI is available for linking, but that doesn't necessarily mean it's intact.
This new API's from Vista and later roughly correspond to the libraries in the VS11 ARM target. I'm guessing that anything on that list is there because it's either the latest and greatest way to do what it does, or it's too technically important to discard (for now). Thus, "legacy" is anything that's not the latest and greatest way to do at least one thing.
I'm not sure what is the One True Graphics API. Already we have Direct2D, Direct3D, DirectComposition (which, by the way, is not available until Windows 8), DirectWrite, and DXGI. DXGI seems the closest, but I don't have a deep enough understanding of the graphics API's to say. I suspect gdi32 is technically very difficult to get rid of. How are non-legacy applications meant to find out when part of a window has been revealed and therefore must be painted, without using WM_PAINT, which involves an HDC, and how could a library do that on an application's behalf without replacing its window procedure? How are we meant to make semi-transparent windows without using UpdateLayeredWindow, which takes an HDC? How much does user32 depend on gdi32, and can they really be separated?
From a technical standpoint, Windows can easily get rid of GDI+ and OpenGL, but I'm not convinced that getting rid of OpenGL will work out, even on a new platform that doesn't promise any backward compatibility. It seems too valuable to developers. GDI+ isn't so important, but it's very easy for a third party to provide a replacement.
I would say use any of the API's you listed, and the worst that's likely to happen is that you have to rewrite your UI if you want to port your app to metro or Windows on ARM. GDI is a fine choice if your needs are simple and you'll be coding directly for the Windows API. There aren't many situations where I'd recommend GDI+ over OpenGL as a drawing API. GDI+ is slow, limited, and only available on Windows. The GDI+ API is simpler because it's 2D, so maybe it's worthwhile if you need to do something very simple but with anti-aliasing.