Overfitting can happen in many ways -- your training objective can be different at train and test time, or as you suggest the datapoints you use can be different at train and test time.
For overfitting induced by datapoints: If you include the datapoints in your problem specification, then you can say they induce bias at test time. If you treat the choice of training datapoints as a random variable, separate from the problem specification, then you can say they induce variance at test time. The difference is essentially semantic though. In general, you can freely move contributions to the error between bias and variance terms by changing which aspects of the modeling framework you define as fixed by the problem definition, and which you take to be stochastic.