I flew above 200 ft in altitude for the first time yesterday and had trouble seeing my drone directly above me at 300-350 feet. I understand if I flew away from my position and was unable to see the drone, I would not be in compliance with VLOS rules. However, if you can't see the drone directly above you (and compliant with the 400 foot rule), are you in violation of VLOS rules. Many thanks (and apologizing in advance if it has been asked before -- unable to find on a search).